STAND. COM. REP. NO. 204-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 2451

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Health & Homelessness, to which was referred H.B. No. 2451 entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Authorize the examination of defendants through telehealth and appropriate funds for this purpose;

(2) Expand the scope of the Criminal Justice Diversion Program to certain petty misdemeanants; and

(3) Authorize the Department of Health to establish or contract with behavioral health crisis centers to provide intervention and stabilization services for persons experiencing a mental illness or substance use disorder crisis and appropriate funds for this purpose.

Your Committee received testimony in support of this measure from the Judiciary; Department of Health; and Hawaii Substance Abuse Coalition. Your Committee received comments on this measure from the Hawaii Disability Rights Center.

Your Committee finds that the use of telehealth for an examination to determine a defendant's fitness to proceed will greatly aid in the completion of these court-ordered examinations, which can in turn reduce the time that defendants spend in custody during fitness to proceed proceedings and provide defendants with faster access to mental health treatment. Your Committee further finds that authorizing the use of telehealth for these examinations will maximize the efficient use of an examiner's time and minimize travel costs.

Your Committee has amended this measure by:

(1) Deleting language authorizing the Department of Health to establish or contract with behavioral health crisis centers and the associated appropriation;

(2) Inserting an appropriation of an unspecified amount to the Department of Corrections and Rehabilitation for staff and resources to accommodate telehealth examinations of defendants;

(3) Inserting an appropriation of an unspecified amount to the Judiciary for staff and resources to accommodate telehealth examinations of defendants;

(4) Changing the effective date to July 1, 3000, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2451, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2451, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health & Homelessness,

____________________________

DELLA AU BELATTI, Chair