SB 264: Judiciary Package; Fitness to Proceed; Penal Responsibility; Private Examiner Compensation; Appropriations

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  Statutory material to be repealed is bracketed and stricken.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; Fitness to Proceed; Penal Responsibility; Private Examiner Compensation; Appropriations

Description:

Establishes the amount of compensation for private-sector examiners who evaluate a criminal defendant's fitness to proceed or penal responsibility in a legal case.  Appropriates funds.  (CD1)

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 $           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; Fitness to Proceed; Penal Responsibility; Private Examiner Compensation; Appropriation

Description:

Establishes the amount of compensation for private-sector examiners who evaluate a criminal defendant's fitness to proceed or penal responsibility 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 $           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 April 23, 2057.

Report Title:

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

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 4/23/2057.  (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 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.

CONFERENCE COMMITTEE REP. NO. 120

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 264

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 264, S.D. 1, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Establish the amount of compensation for private‑sector examiners who evaluate a criminal defendant's fitness to proceed or penal responsibility in a legal case; and

     (2)  Appropriate funds.

     Your Committee on Conference finds that the existing fee structure for the compensation for court-appointed forensic examiners providing services to the Judiciary has made it challenging to recruit and retain professionals with the necessary expertise.  This measure will ensure that the State is able to maintain a pool of qualified and available examiners capable and willing to provide essential services for documenting and reporting their findings to the court.

     Your Committee on Conference has amended this measure by:

     (1)  Inserting an appropriation amount of $975,000 for the Judiciary to compensate private-sector examiners who evaluate a criminal defendant's fitness to proceed or penal responsibility in a legal case; and

     (2)  Changing its effective date to July 1, 2025.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 264, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 264, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1987

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 264

      S.D. 1

      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 Finance, to which was referred S.B. No. 264, S.D. 1, 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 and appropriate funds to the Judiciary for these payments.

     Your Committee received testimony in support of this measure from the Judiciary; one member of the Kauaʻi County Council; Hawaiʻi Psychological Association; and Hawaii Disability Rights Center.  Your Committee received comments on this measure from the Department of Health and Office of the Public Defender.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 264, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 264, S.D. 1, H.D. 1.

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

STAND. COM. REP. NO.  1292

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 264

      S.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 S.B. No. 264, S.D. 1, 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; Department of Health; Hawaiʻi Psychological Association; and one individual.

     Your Committee finds that the fee paid to private-sector examiners, who evaluate a criminal defendant's penal responsibility or fitness to proceed, has not been increased since approximately 2008 when it was raised from $500 (with additional fees outlined for out-of-court work and testimony) to $1,000 with no allocation of funds for out-of-court work or testimony.  Due to the low rate of pay, several former certified examiners no longer accept appointments from the First Circuit Court.

     Your Committee further finds that there are currently only six examiners willing to accept court appointments from the First Circuit.  For the last six months, these six examiners have had over nine examinations per month.  As a result, some examiners have asked the court to cap their monthly appointments or requested extensions so that they can complete their examinations and reports.  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 its constitutional and statutory obligations.

     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 S.B. No. 264, S.D. 1, and recommends that it pass Second Reading and be referred to your Committee on Finance.

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

STAND. COM. REP. NO. 853

Honolulu, Hawaii

RE:    S.B. No. 264

       S.D. 1

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. 264, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent 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 written comments in support of this measure from the Department of Health, Judiciary, Office of the County Clerk - Kauai County Council, Hawaii Psychological Association, and one individual.

     Your Committee finds that chapter 704, Hawaii Revised Statutes, requires the court in certain felony cases to appoint three examiners to aid the court in determining: a defendant's fitness to proceed with the case; the defendant's responsibility for the offense alleged to have occurred; and once acquitted on the basis of a mental disease, disorder, or defect, whether the defendant may be released or remain in the public without danger or should be committed to the custody of the Director of Health.

The three examiners are appointed from a list of certified examiners maintained by the Department of Health, with two of the appointed examiners required to be psychiatrists, licensed psychologists, or qualified physicians.  Two examiners are private practitioners that are paid by the court, while the final examiner is a Department of Health employee.

Your Committee finds that the First Circuit currently has only six examiners on the certified examiner list willing to take court appointments for the fees paid by the Judiciary.  Although more examiners are potentially available, they are unwilling or unable to provide services to the court at the existing rate of $1,000.  Your Committee further finds that the number of chapter 704 examinations has more than doubled in the last fourteen years, despite the number of examiners decreasing from fifteen in 2010 to the present six.

Your Committee believes that unless more examiners are enlisted to conduct these examinations, the courts will be unable to meet obligations required by statute and the state and federal constitutions.  This measure will ensure the availability of qualified examiners willing and able to provide statutorily required examinations of criminal defendants in the State.

     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. 264, S.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO. 28

Honolulu, Hawaii

RE:    S.B. No. 264

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 264 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  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; and

     (2)  Appropriate funds.

     Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Office of the Public Defender, one member of the Kauaʻi County Council, and Hawaii State Bar Association.

     Your Committee finds that chapter 704, Hawaii Revised Statutes, requires the court in felony cases to appoint three examiners in various situations to aid the court in determining a defendant's fitness to proceed with the case; their responsibility for the offense alleged to have occurred; and once acquitted on the basis of a mental disease, disorder, or defect, whether they may be released or remain in the public without danger or should be committed to the custody of the Director of Health.  All of the examiners are appointed from a list of certified examiners as determined by the Department of Health, with two of the appointed examiners required to be psychiatrists, licensed psychologists, or qualified physicians chosen by the court from the certified list maintained by the Department of Health.  The first two are private doctors that are paid by the court, while the final doctor is a Department of Health designee, a state employee.  For the First Circuit there are currently only six examiners on the certified examiner list willing to take court appointments for the fees paid by the Judiciary.  Although more examiners are potentially available, they are unwilling or unable to provide services to the court at the existing rate of $1,000.  The number of chapter 704 examinations has more than doubled in the last fourteen years, despite the number of examiners decreasing from fifteen in 2010 to the present six.  Your Committee believes that, unless more doctors are enlisted to conduct these examinations, the courts will be unable to meet obligations required by statute and the state and federal constitutions.  This measure will ensure the quality and availability of examiners willing and able to provide statutorily required examinations of criminal defendants in the State.

     Your Committee has amended this measure by:

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

     (2)  Inserting an effective date of April 23, 2057, to encourage further discussion.

     Your Committee notes that this measure, as amended, contains an unspecified appropriation amount.  Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting an appropriation amount of $975,000, 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 at $2,000 for the examination, the drafting of the report, and any consultation, preparation, testimony, and attendance in court.

     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. 264, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 264, S.D. 1, and be referred to your Committee on Ways and Means.

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