REPORT TITLE:
Sex Offends; Confdn Records


DESCRIPTION:
Requires the sharing of all medical, psychological, or mental
health records of sex offenders.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           588
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SEX OFFENDERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there are about five
 
 2 agencies that deal with criminal sex offenders, including the
 
 3 departments of public safety, human services, and health, and the
 
 4 judiciary, and the Hawaii paroling authority, to name only a few.
 
 5 These agencies should share treatment and psychiatric records of
 
 6 these criminal offenders because these individuals often enter
 
 7 any number of these agencies for treatment, monitoring,
 
 8 punishment, and so on.  Having agencies share treatment and
 
 9 psychiatric records confidentially about these offenders not only
 
10 helps the agency to keep track of the individual, but provides a
 
11 measure of safety for the agency's employees, including social
 
12 workers, parole officers, treatment providers, so that the
 
13 employee knows who they are dealing with.  The public is also
 
14 protected when all agencies know the patient's past behavioral
 
15 history, treatment history, and the like.  The purpose of this
 
16 Act is to include as an interagency requirement the sharing of
 
17 treatment and psychiatric records that would be considered
 
18 confidential for criminal offenders.
 
19      SECTION 2.  Section 353E-2, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           588
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "[[]§353E-2[]]  Interagency coordination.(a)  To carry out
 
 3 their responsibilities under section 353E-1, the department of
 
 4 public safety, Hawaii paroling authority, judiciary, department
 
 5 of health, department of human services, and any other agency
 
 6 assigned sex offender oversight responsibilities by law or
 
 7 administrative order, shall establish, by an interagency
 
 8 cooperative agreement, a coordinating body to oversee the
 
 9 development and implementation of sex offender treatment programs
 
10 in the State to ensure compliance with the intent of the master
 
11 plan developed under section 353E-1(1).  The interagency
 
12 cooperative agreement shall set forth the role of the
 
13 coordinating body and the responsibilities of each agency that is
 
14 a party to the agreement.
 
15      (b)  The department of public safety shall be the lead
 
16 agency for the statewide sex offender treatment program.  As the
 
17 lead agency, the department shall act as facilitator of the
 
18 coordinating body by providing administrative support to the
 
19 coordinating body.
 
20      (c)  Notwithstanding any other provision to the contrary,
 
21 any agency that is part of the interagency cooperative agreement
 
22 shall provide, upon the request of any other participating
 
23 agency, all medical, psychological, or mental health records of
 

 
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                                     S.B. NO.           588
                                                        
                                                        

 
 1 any offender receiving supervision or treatment while under
 
 2 custody of the State."
 
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.
 
 6 
 
 7                              INTRODUCED BY:______________________