HOUSE OF REPRESENTATIVES

H.B. NO.

775

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

establishing the social workers for public safety pilot prograM.

 

 

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

 

     SECTION 1.  The legislature finds that persons who are chronically unsheltered, mentally impaired, or substance addicted may be in need of rehabilitative assistance.  These persons often have multiple encounters with law enforcement officers, who may lack the resources and training to effectively assist them.  Many chronically unsheltered, mentally impaired, or substance addicted persons become repeat petty-misdemeanor and misdemeanor offenders, cycling endlessly between jails, hospital emergency rooms, and the streets.  These persons may struggle with rational decision making and effective communication, and miscommunications during law enforcement encounters can place the person, law enforcement officers, and the community at risk.

     The legislature also finds that social workers have the training and expertise needed to provide rehabilitative help.  Social workers can assist chronically unsheltered, mentally impaired, or substance addicted persons in accessing shelter, psychiatric care, drug abuse treatment, or other assistive services.  Allowing a social worker to accompany law enforcement officers on calls where the subject's mental health or housing may be at issue can help lower arrest, incarceration, and recidivism rates.

     Accordingly, the purpose of this Act is to establish the social workers for public safety pilot program within the department of public safety, or its successor agency.

     SECTION 2.  (a)  No later than        days after the effective date of this Act, the department of public safety, or its successor agency, shall design and implement a five-year pilot program requiring social workers to accompany law enforcement officers when responding to incidents where a person may be unsheltered, substance addicted, or mentally impaired.

     (b)  A social worker shall be assigned to join law enforcement officers in responding to each report of a person who is:

     (1)  Reportedly engaged in disorderly conduct, as defined in section 711-1101, Hawaii Revised Statutes;

     (2)  Seemingly substance addicted or substance impaired;

     (3)  Displaying signs of mental illness; or

     (4)  Experiencing homelessness.

     (c)  Participation in the pilot program shall be optional for the detained person, who may choose not to interact with the social worker.

     (d)  Notwithstanding any other law to the contrary and if the law enforcement officers and social worker deem it appropriate, the detained person may choose to follow the social worker's recommendations in lieu of arrest or citation.

     (e)  The department of public safety, or its successor agency, shall inform the following, in writing, once the pilot program is operational:

     (1)  The governor;

     (2)  The lieutenant governor;

     (3)  The attorney general;

     (4)  The public defender;

     (5)  The prosecuting attorney in each county;

     (6)  The department of human services;

     (7)  The registered members of the criminal justice and corrections section of the Hawaii State Bar Association; and

     (8)  Homeless service providers in the State.

     (f)  The pilot program shall terminate after five years of operation.

     (g)  The department of public safety, or its successor agency, shall submit interim reports of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, 2026, and 2027, and shall submit a final report to the legislature no later than twenty days prior to the convening of the regular session of 2028.  The reports shall include information and recommendations on the efficacy and costs of the pilot program.  The final report shall also include a recommendation on whether the pilot program should be made permanent.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the social workers for public safety pilot program, including the establishment of five full-time equivalent (5.0 FTE) public safety social worker positions in the department of public safety, or its successor agency.

     The sums appropriated shall be expended by the department of public safety, or its successor agency, for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

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Report Title:

Social Workers; Public Safety; Pilot Program; Reports; Appropriation

 

Description:

Establishes a 5-year social workers for public safety pilot program in the Department of Public Safety, or its successor agency.  Requires social workers to accompany law enforcement officers in responding to incidents where a person may be unsheltered, substance addicted, or mentally impaired.  Requires interim reports and a final report to the Legislature.  Appropriates moneys for the pilot program, including the establishment of 5.0 FTE public safety social worker positions in the Department of Public Safety, or its successor agency.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.