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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
101 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF HEALTH TO CONVENE A WORKING GROUP TO REVIEW AND UPDATE THE APPLICABLE CHAPTERS OF THE HAWAII REVISED STATUTES THAT RELATE TO MENTAL HEALTH AND INVOLUNTARY TRANSPORT, EXAMINATION, HOSPITALIZATION, AND TREATMENT, INCLUDING ASSISTED COMMUNITY TREATMENT.
WHEREAS, the chapters of the Hawaii Revised Statutes relating to mental health and involuntary transport, examination, hospitalization, and treatment have been amended in a piecemeal manner over the past several decades, which has led to some lack in clarity and inconsistencies; and
WHEREAS, periodically reviewing the Hawaii Revised Statutes would be helpful to advance the overall goal of improving mental health, including for those unable to help themselves; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the Department of Health is requested to convene a working group to review and update the applicable chapters of the Hawaii Revised Statutes that relate to mental health and involuntary transport, examination, hospitalization, and treatment, including assisted community treatment; and
BE IT FURTHER RESOLVED that the working group is requested to make recommendations for statutory revisions that focus on those chapters applicable to mental health-related involuntary assessment, care, and treatment; and
BE IT FURTHER RESOLVED that the working group is requested to include the following members:
(1) The Director of Health, or the Director's designee;
(2) The Attorney General, or the Attorney General's designee;
(3) A representative from the Department of Health, Adult Mental Health Division;
(4) A representative from the Department of Public Safety;
(5) A representative of the Judiciary, to be selected by the Chief Justice;
(6) A representative from the Department or Office of the Prosecuting Attorney of each county, to be selected by the Prosecuting Attorney of each respective county;
(7) A member of the Senate Standing Committee with primary jurisdiction over Health and Human Services; and
(8) A member of the House of Representatives Standing Committee with primary jurisdiction over Health and Homelessness; and
BE IT FURTHER RESOLVED that the working group is requested to invite other individuals with relevant experience and expertise to be members of the working group, including:
(1) Psychologists or social workers;
(2) Psychiatrists;
(3) Representatives from residential treatment programs;
(4) Representatives from mental health advocacy groups; and
(5) Any other representatives the working group deems necessary; and
BE IT FURTHER RESOLVED that the working group is requested to select a chairperson from amongst its members; and
BE IT FURTHER RESOLVED that, upon request of the working group, the Department of Health is requested to assist in the preparation of the working group's draft report to be submitted to the Legislative Reference Bureau before October 1, 2023, including any information and materials deemed necessary for the Legislative Reference Bureau to draft the proposed legislation that is to be included in the working group's report to the Legislature; and
BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Attorney General, Director of Public Safety, Chief Justice of the Hawaii Supreme Court, Prosecuting Attorney of each county, and Director of the Legislative Reference Bureau.
Mental Health; Involuntary Transport, Examination, Hospitalization, and Treatment; Assisted Community Treatment; Working Group; Statutory Review; Department of Health; Legislative Reference Bureau; Report