Report Title:
Arch Patient Criminal History Disclosure
Description:
Requires the Department of Health to disclose to adult residential care home operators the prior criminal history of certain prospective residents under certain circumstances. (HB1749 HD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1749 |
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TWENTY-FIRST LEGISLATURE, 2002 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADULT RESIDENTIAL CARE HOMES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. On September 30, 2000, the operator of an adult residential care home in the State was allegedly murdered by one of her residents who, unbeknownst to the victim, had previously been acquitted of murder and attempted murder by reason of insanity in 1984. As a result of that acquittal, the current suspect was committed to the state hospital but was later placed on conditional release in 1988. The suspect's conditional release was revoked and reinstated several times and the suspect was on conditional release at the time of the killing.
The legislature finds that the disclosure of a prospective adult residential care home resident's criminal history under certain circumstances is warranted and in the interest of the people of the State.
The purpose of this Act is to require the department of health to disclose to the operator of an adult residential care home the criminal history of a prospective resident under certain circumstances.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Criminal history disclosure. Notwithstanding any other law to the contrary, the department of health shall disclose to the operator of an adult residential care home, to the extent that the department possesses the information in existing records at the time of, and as part of, the application for admission:
(1) The criminal history of a prospective resident applying for entry to the care home when the prospective resident had previously been:
(A) Convicted of an offense involving violence to a person; or
(B) Admitted to the state hospital under the jurisdiction of the department of health as a result of an acquittal for an offense involving violence to a person;
or
(2) If the resident is under the supervision of a probation or parole officer."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.