HB 397: RELATING TO THE EXAMINATION OF CRIMINAL DEFENDANTS.

A BILL FOR AN ACT

RELATING TO THE EXAMINATION OF CRIMINAL DEFENDANTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (11) to read as follows:

     "(11)  The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the [State.] judiciary in the amount of $2,000, which amount includes compensation for the examination, the drafting of the report, and any consultation, preparation, testimony, and attendance in court."

     SECTION 2.  Section 704-407.5, Hawaii Revised Statutes, is amended by amending subsection (12) to read as follows:

     "(12)  The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the [State.] judiciary in the amount of $2,000, which amount includes compensation for the examination, the drafting of the report, and any consultation, preparation, testimony, and attendance in court."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Judiciary Package; Penal Responsibility; Fitness to Proceed; Private Examiner Compensation; Appropriation

Description:

Establishes the amount of compensation for private-sector examiners who evaluate a criminal defendant's penal responsibility or fitness to proceed in a legal case.  Appropriates funds.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE EXAMINATION OF CRIMINAL DEFENDANTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (11) to read as follows:

     "(11)  The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the [State.] judiciary in the amount of $2,000, which amount includes compensation for the examination, the drafting of the report, and any consultation, preparation, testimony, and attendance in court."

     SECTION 2.  Section 704-407.5, Hawaii Revised Statutes, is amended by amending subsection (12) to read as follows:

     "(12)  The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the [State.] judiciary in the amount of $2,000, which amount includes compensation for the examination, the drafting of the report, and any consultation, preparation, testimony, and attendance in court."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $975,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

Judiciary Package; Penal Responsibility; Fitness to Proceed; Private Examiner Compensation; Appropriation

Description:

Establishes the amount of compensation for private-sector examiners who evaluate a criminal defendant's penal responsibility or fitness to proceed in a legal case.  Appropriates moneys.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  288

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 397

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 397 entitled:

"A BILL FOR AN ACT RELATING TO THE EXAMINATION OF CRIMINAL DEFENDANTS,"

begs leave to report as follows:

     The purpose of this measure is to establish the amount of compensation for private-sector examiners who evaluate a criminal defendant's penal responsibility or fitness to proceed in a legal case.

     Your Committee received testimony in support of this measure from the Judiciary; Office of the Public Defender; Department of Health; Department of the Prosecuting Attorney of the City and County of Honolulu; Hawaii State Bar Association; and Hawaiʻi Psychological Association.

     Your Committee finds that fees paid to private-sector examiners who evaluate a criminal defendant's penal responsibility or fitness to proceed has not been increased since approximately 2008.  Due to the low rate of pay, several former certified examiners no longer accept appointments from the First Circuit Court.  This measure will attract more private-sector examiners - reducing delays that cause defendants to spend more time in custody and enabling the courts to meet their constitutional and statutory obligations.

     Your Committee has amended this measure by:

     (1)  Changing the appropriation to an unspecified amount; and

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $975,000.

     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. 397, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 397, H.D. 1, and be referred to your Committee on Finance.

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