Bill Text: HI SCR13 | 2013 | Regular Session | Introduced

---

Bill Title: Special Action Team; Forensic Examinations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-13 - Referred to HTH/JDL, WAM. [SCR13 Detail]

Download: Hawaii-2013-SCR13-Introduced.html

---

THE SENATE	S.C.R. NO.	13
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY TO ADVISE THE SPECIAL ACTION TEAM ON THE OPTIMAL NUMBER OF FORENSIC EXAMINATIONS NECESSARY FOR FELONY CASES.

 

 

 

     WHEREAS, on July 17, 2012 the Governor convened a Special Action Team comprised of representatives from the Governor's Office, adult mental health division of the department of health, the department of public safety, the department of human services, the department of the attorney general, the offices of the prosecutors from each county, the office of the public defender, and the chiefs of police from each county, to examine ways to strengthen inter-governmental and inter-agency collaboration pertaining to the adult mental health system and to more effectively manage the census of Hawaii State Hospital; and

 

     WHEREAS, The Legal/Judicial Subcommittee of the Special Action Team identified that, unlike most states, Hawaii routinely uses three forensic examinations for each individual charged with a felony and committed pursuant to chapter 704 of the Hawaii Revised Statutes.  The special action team agreed that a neutral third party, namely the Legislative Reference Bureau shall review the National Model for Competency Best Practices Model at the website www.mentalcompetency.org; and

 

     WHEREAS, many others states use a single forensic examiner in similar circumstances;

 

     WHEREAS, Hawaii's use of three forensic examiners in felony cases is compounded by repetitive examinations at each stage of the court case (at fitness, determining criminal responsibility), to transition out of the hospital, to be placed on conditional release, and to be discharged from conditional release, and

 

     WHEREAS, the multiple and repetitive use of three examiners at every step in the proceedings results in substantial delays and extensions of hospitalization without obvious clinical value and at significant public expense; and

 

     WHEREAS, the Special Action Team reached consensus agreement that it was desirable to have a study of Hawaii's use of three forensic examinations, conducted by the Legislative Reference Bureau, to result in the creation of a report to advise and inform the Governor, the Legislature, the Special Action Team, and other key stakeholders regarding the advantages and disadvantages of the current statutory requirements, including costs, and potential advantages and disadvantages of alternative statutory language more aligned with that of other states;

 

     BE IT RESOLVED that the Legislative Reference Bureau, is requested to conduct a study to advise the Special Action Team on the optimal number of forensic examinations necessary for each individual committed to the Hawaii State Hospital who is charged with a felony, relative to the practices in other states and jurisdictions; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau shall consult with critical stakeholders in studying this issues and providing its report; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau will complete its study and makes its report no later than twenty days prior to the convening of the regular session of 2014.

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Legislative Reference Bureau, office of the governor, the director of health, the director of human services, the director of public safety, the attorney general, the director of human resources development, the offices of the prosecutors from each county, the office of the public defender, the mayors of each county, and the chiefs of police from each county.

 

 

 

	OFFERED BY:	_____________________________
		BY REQUEST

Report Title: 

Special Action Team; Forensic Examinations