STAND. COM. REP. NO. 731-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 2505

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2505, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ASSISTED COMMUNITY TREATMENT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require a clinical team to identify a community mental health outpatient program to provide mental health services to a defendant if an assisted community treatment petition is granted; and

(2) Allow community mental health outpatient programs to prepare a certificate for assisted community treatment and provide the certificate to the defendant and file an assisted community treatment petition with the Family Court.

Your Committee received testimony in support of this measure from the Department of Health; Mike Goodman Attorney at Law LLLC; The Institute for Human Services, Inc.; and one individual.

Your Committee received comments on this measure from the Judiciary.

Your Committee finds that individuals diverted to the Hawaii State Hospital from incarceration often fail to receive the treatment that they need in order to not reoffend once released. Once an individual is found unfit to proceed under criminal proceedings, the charges are dismissed and the defendant is released, sometimes untreated for the defendant's mental illness, or not given the long-acting medication that would keep the defendant stable longer upon release. As the Hawaii State Hospital process incentivizes the earliest possible release to make room for incoming patients, the Hospital is disincentivized to engage in the assisted community treatment process, which can add months to the defendant's length of stay at the facility. This measure is intended to address this gap and the revolving door of severely mentally ill individuals who are frequently found unfit to proceed in criminal proceedings, ultimately released, and later reoffend by providing a clearer path for those known to need intervention to receive court-mandated treatment.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2505, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair