SB 1612: DCR; DOH; Fitness to Proceed; Hawaii State Hospital; Reports; Appropriation

A BILL FOR AN ACT

RELATING TO FITNESS TO PROCEED.

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

     SECTION 1.  (a)  The department of corrections and rehabilitation shall establish a five-year fitness to proceed pilot program in one county of the State to help reduce overcrowding at the Hawaii state hospital and ensure the safety of the hospital's staff and personnel while an inmate is awaiting a determination on the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes; provided that the county in which the pilot program is established has a population of more than two hundred thousand but less than five hundred thousand.

     (b)  For purposes of the pilot program, the department of corrections and rehabilitation shall reserve at least one cell or personal living space to accommodate every two inmates who have filed a motion or cited a defense pursuant to chapter 704, Hawaii Revised Statutes.

     (c)  An inmate housed in a reserved cell or living space shall be in the primary custody of the department of corrections and rehabilitation and receive mental health services through a partnership with the department of health until a determination is made regarding the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes.

     For the purposes of this subsection, the department of corrections and rehabilitation shall have primary physical custody of an inmate in the pilot program, and the department of health shall be a partnering agency to provide mental health services for the inmate.

     (d)  The department of corrections and rehabilitation shall submit an interim report to the legislature on the status of the pilot program no later than twenty days prior to the convening of the regular session of 2027 and a final report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2030.

     SECTION 2.  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 for the establishment and implementation of the fitness to proceed pilot program.

     The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

DCR; DOH; Fitness to Proceed; Hawaii State Hospital; Reports; Appropriation

Description:

Requires and appropriates funds for the Department of Corrections and Rehabilitation, in partnership with the Department of Health, to establish and implement a five-year Fitness to Proceed Pilot Program in one county of the State.  Requires an interim report and final report to the Legislature.  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 FITNESS TO PROCEED.

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

     SECTION 1.  (a)  The following shall be required for buildings constructed after December 31, 2025.  The department of corrections and rehabilitation shall establish a five-year fitness to proceed pilot program to help reduce overcrowding at the Hawaii state hospital and ensure the safety of the hospital's staff and personnel while an inmate is awaiting a determination on the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes.

     (b)  For purposes of the pilot program, the department of corrections and rehabilitation shall reserve at least one cell or personal living space to accommodate every two inmates who have filed a motion or cited a defense pursuant to chapter 704, Hawaii Revised Statutes.

     (c)  An inmate housed in a reserved cell or living space shall be in the joint custody of the department of corrections and rehabilitation and department of health until a determination is made regarding the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes.

     For the purposes of this subsection, "joint custody" means the department of corrections and rehabilitation having primary physical custody of an inmate and the department of health having responsibility for the mental health services and medications of the inmate.

     (d)  The department of corrections and rehabilitation shall submit an interim report to the legislature on the status of the pilot program no later than twenty days prior to the convening of the regular session of 2027 and a final report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2030.

     SECTION 2.  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 for the establishment and implementation of the fitness to proceed pilot program.

     The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2077.

Report Title:

DCR; DOH; Fitness to Proceed; Hawaii State Hospital; Reports; Appropriation

Description:

Requires and appropriates funds for the Department of Corrections and Rehabilitation, in collaboration with the Department of Health, to establish and implement a 5-year Fitness to Proceed Pilot Program.  Requires an interim report and final report to the Legislature.  Effective 7/1/2077.  (SD2)

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 FITNESS TO PROCEED.

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

     SECTION 1.  (a)  The department of corrections and rehabilitation shall establish a five-year fitness to proceed pilot program to help reduce overcrowding at the Hawaii state hospital and ensure the safety of the hospital's staff and personnel while an inmate is awaiting a determination on the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes.

     (b)  For purposes of the pilot program, the department of corrections and rehabilitation shall reserve at least one cell or personal living space to accommodate every two inmates who have filed a motion or cited a defense pursuant to chapter 704, Hawaii Revised Statutes.

     (c)  An inmate housed in a reserved cell or living space shall be the joint responsibility of the department of corrections and rehabilitation and department of health until a determination is made regarding the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes.

     (d)  The department of corrections and rehabilitation shall submit an interim report to the legislature on the status of the pilot program no later than twenty days prior to the convening of the regular session of 2027 and a final report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2030.

     SECTION 2.  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 for the establishment and implementation of the fitness to proceed pilot program.

     The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2077.

Report Title:

DCR; DOH; Fitness to Proceed; Hawaii State Hospital; Reports; Appropriations

Description:

Requires and appropriates funds for the Department of Corrections and Rehabilitation, in collaboration with the Department of Health, to establish and implement a 5-year Fitness to Proceed Pilot Program.  Requires an interim report and final report to the Legislature.  Effective 7/1/2077.  (SD1)

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 FITNESS TO PROCEED.

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

     SECTION 1.  (a)  The department of corrections and rehabilitation shall establish a five-year fitness to proceed pilot program to help reduce overcrowding at the Hawaii state hospital and ensure the safety of the hospital's staff and personnel while an inmate is incapacitated or awaiting a determination on the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes.

     (b)  For purposes of the pilot program, the department of corrections and rehabilitation shall reserve at least one cell or personal living space to accommodate every two inmates who have filed a motion or cited a defense pursuant to chapter 704, Hawaii Revised Statutes.

     (c)  An inmate housed in a reserved cell or living space shall be the joint responsibility of the department of corrections and rehabilitation and department of health until:

     (1)  The inmate is no longer incapacitated, as determined by the department of health; or

     (2)  A determination is made regarding the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes;

whichever occurs later.

     (d)  The department of corrections and rehabilitation shall submit an interim report to the legislature on the status of the pilot program no later than twenty days prior to the convening of the regular session of 2027 and a final report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2030.

     SECTION 2.  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 for the establishment and implementation of the fitness to proceed pilot program.

     The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2025.

Report Title:

DCR; DOH; Fitness to Proceed; Hawaii State Hospital; Reports; Appropriation

Description:

Requires and appropriates moneys for the Department of Corrections and Rehabilitation, in collaboration with the Department of Health, to establish and implement a 5-year fitness to proceed pilot program.  Requires an interim report and final report to the Legislature.

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.  1244

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1612

      S.D. 2

      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 Public Safety, to which was referred S.B. No. 1612, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO FITNESS TO PROCEED,"

begs leave to report as follows:

The purpose of this measure is to:

     (1)  Require the Department of Corrections and Rehabilitation to establish a five-year Fitness to Proceed Pilot Program to help reduce overcrowding at the Hawaii State Hospital and ensure the safety of the hospital's staff and personnel; and

     (2)  Appropriate funds for this purpose.

     Your Committee received testimony in support of this measure from the Hawaii Substance Abuse Coalition.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender and Hawaiʻi Psychological Association.  Your Committee received comments on this measure from the Department of Corrections and Rehabilitation; Department of Health; and Hawaii Disability Rights Center.

     Your Committee finds that jail-based competency restoration programs potentially offer an effective alternative to traditional inpatient psychiatric hospitals.  Your Committee further finds that this approach, which aligns with modern correctional system principles, is worth further consideration.

     Your Committee has amended this measure by:

     (1)  Limiting the Fitness to Proceed Pilot Program to the county of the State that has a population of more than two hundred thousand but less than five hundred thousand;

     (2)  Modifying the nature of the collaborative partnership between the Department of Corrections and Rehabilitation and Department of Health;

     (3)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     Your Committee requests that the Department of Health provide information and statistics about the number of patients transferred to the Hawaii State Hospital who might otherwise qualify for the Pilot Program.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1612, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1612, S.D. 2, H.D. 1, and be referred to your Committee on Health.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

STAND. COM. REP. NO. 1012

Honolulu, Hawaii

RE:    S.B. No. 1612

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 1612, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FITNESS TO PROCEED,"

begs leave to report as follows:

     The purpose and intent of this measure is to reduce overcrowding at the Hawaii State Hospital.

     More specifically, this measure:

     (1)  Requires and appropriates funds for the Department of Corrections and Rehabilitation, in collaboration with the Department of Health, to establish and implement a five-year Fitness to Proceed Pilot Program; and

     (2)  Requires an interim report and final report to the Legislature.

     Your Committee received written comments in support of this measure from the Department of Health, Hawaii Substance Abuse Coalition, and one individual.

     Your Committee received written comments in opposition to this measure from the Department of Corrections and Rehabilitation.

     Your Committee received written comments on this measure from the Judiciary and Hawaii Disability Rights Center.

     Your Committee finds that, according to the Department of Corrections and Rehabilitation, the Fitness to Proceed Pilot Program would be more appropriately considered in the planning and design of new correctional facilities, such as the planned new Oahu Community Correctional Center.  This would provide the Department of Corrections and Rehabilitation, Department of Accounting and General Services, and their consultants with the time needed to set aside adequate and appropriate space, while also providing the Department of Health and Department of Corrections and Rehabilitation the time needed to plan for the additional staff and services required.

     Your Committee has amended this measure by:

     (1)  Clarifying that the pilot program shall be required for buildings constructed after December 31, 2025;

     (2)  Clarifying that inmates who participate in the pilot program shall be in the joint custody of the Department of Corrections and Rehabilitation and Department of Health; and

     (3)  Defining the term "joint custody".

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1612, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1612, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 281

Honolulu, Hawaii

RE:    S.B. No. 1612

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Public Safety and Military Affairs and Health and Human Services, to which was referred S.B. No. 1612 entitled:

"A BILL FOR AN ACT RELATING TO FITNESS TO PROCEED,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Appropriate funds for the Department of Corrections and Rehabilitation, in collaboration with the Department of Health, to establish and implement a five-year fitness to proceed pilot program; and

     (2)  Require that an interim report and final report by the Department of Corrections and Rehabilitation be submitted to the Legislature.

     Your Committees received testimony in support of this measure from the Department of Health, Hawaii Substance Abuse Coalition, and Hina Mauka.

     Your Committees received testimony in opposition to this measure from the Department of Corrections and Rehabilitation, Office of the Public Defender, and Hawaii Disability Rights Center. 

     Your Committees received comments on this measure from the Judiciary.

     Your Committees find jail-based competency restoration programs provide an alternative to traditional inpatient psychiatric hospitals and are considered a component of the continuum of restoration services that include community-based treatment, corrections-based restoration services, and inpatient psychiatric care.  By restoring competency in a jail setting, individuals who do not require intensive hospitalization can receive necessary treatment without occupying limited hospital beds.  Currently, all individuals who are court-ordered for competency evaluations are sent to the Hawaiʻi State Hospital. 

     Your Committees find that jail-based competency restoration programs are typically more cost efficient compared to inpatient hospital restoration.  The Hawaiʻi State Hospital's daily bed rate is estimated at $1,000 per day.

     Your Committees further find that jail-based competency restoration programs align with modern correctional system principles, which are shifting from a punitive model into a therapeutic one.  A jail-based competency restoration pilot program in the State can be an effective intervention to restore the mental competency of individuals found incompetent to stand trial while they remain in jail.

     Your Committees have amended this measure by:

     (1)  Clarifying that the Department of Corrections and Rehabilitation shall establish a pilot program to help reduce overcrowding at the Hawaii State Hospital and ensure the safety of the hospital's staff and personnel while an inmate is awaiting a determination on the inmate's fitness to proceed;

     (2)  Deleting language that would have required that an inmate housed in a reserved cell or living space be the joint responsibility of the Department of Corrections and Rehabilitation and Department of Health until the inmate is no longer incapacitated;

     (3)  Making conforming amendments; and

     (4)  Inserting an effective date of July 1, 2077, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1612, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1612, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Health and Human Services,