STAND. COM. REP. NO. 2758

Honolulu, Hawaii

RE: S.B. No. 2557

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2557 entitled:

"A BILL FOR AN ACT RELATING TO LEGAL REPRESENTATION,"

begs leave to report as follows:

The purpose and intent of this measure is to repeal paragraph (3) of section 802-1(a), Hawaii Revised Statutes, which entitles the subject of a petition for assisted community treatment to legal representation by a public defender.

Your Committee received testimony in support of this measure from the Office of the Public Defender; Institute for Human Services, Inc.; and one individual.

Your Committee received testimony in opposition to this measure from the ACLU of Hawaiʻi, Hawaii Disability Rights Center, and one individual.

Your Committee finds that public defenders represent people accused of committing criminal offenses, thereby exposing them to losing their liberty and being put in jail. Public defenders also represent people whom the government seeks to involuntarily commit. The subject of a petition for assisted community treatment is not at risk for detention. Therefore, your Committee believes that a better approach is for community organizations or dedicated attorneys to provide representation for subjects of assisted community treatment. This measure will direct the appropriate resources to individuals requiring assisted community treatment.

Your Committee notes that, under existing law, individuals subject to a petition for assisted community treatment may request an attorney. However, these individuals rarely do so because they often suffer from severe mental illnesses and are not aware that they have the right to request legal representation.

Your Committee has amended this measure by:

(1) Amending section 334-126, Hawaii Revised Statutes, to allow the family court to appoint an attorney for the subject of a petition for assisted community treatment if the interests of justice require one be appointed and if the subject of the petition is represented by an attorney, whether retained by the subject or appointed by the court, allow the attorney adequate time for investigation; and

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

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. 2557, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2557, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair