STAND. COM. REP. NO. 3230

Honolulu, Hawaii

RE: S.B. No. 2033

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2033, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ADMINISTRATION OF JUSTICE,"

begs leave to report as follows:

The purpose and intent of this measure is to establish procedures for the effect of finding of unfitness to proceed for defendants charged with misdemeanors and petty misdemeanors not involving violence or attempted violence.

Your Committee received testimony in support of this measure from the Department of Health, Judiciary, Hawaii Substance Abuse Coalition, Hawai‘i Wildfire Management Organization, and one individual. Your Committee received comments on this measure from the Department of the Attorney General and Hawaii Disability Rights Center.

Your Committee finds that the issue of mental health has resulted in the incarceration of numerous non-violent individuals charged with low-level and petty misdemeanors within the state prison facilities, where they reside without receiving mental health services. This measure would provide individuals the opportunity to be placed in the custody of the Director of Health within an institution for detention, assessment, care, and treatment, thereby allowing for a mental health clinical team to adequately focus on the proper treatment plan for the individual.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2033, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair