STAND. COM. REP. NO.
Honolulu, Hawaii
APR 0 3 2024
RE: S.C.R. No. 135
S. D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committees on Health and Human Services and Judiciary,
to which was referred S.C.R. No. 135 entitled:
"SENATE CONCURRENT RESOLUTION URGING THE GOVERNOR'S SENIOR
ADVISOR FOR MENTAL HEALTH AND THE JUSTICE SYSTEM TO DEFINE
THEIR ROLE AND TO PROVIDE AN ANNUAL REPORT TO THE LEGISLATURE
ON THE PROGRESS THE STATE HAS MADE TOWARDS JAIL DIVERSION,"
beg leave to report as follows:
The purpose and intent of this measure is to urge the
Governor's Senior Advisor for Mental Health and the Justice System
to define their role and to provide an annual report to the
Legislature on the progress the State has made towards jail
diversion.
Your Committees received testimony in support of this measure
from the Hawaii Correctional System Oversight Commission, Office
of Youth Services, and Hawaii Substance Abuse Coalition.
Your Committees received testimony in opposition to this
measure from the Department of Health.
Your Committees received comments on this measure from the
Office of the Governor, Governor's Coordinator on Homelessness,
Department of Corrections and Rehabilitation, Office of Wellness
and Resilience, Department of Human Services, the Judiciary, and
Opportunity Youth Action Hawai‘i.
2024-2349 SCR SSCR SMA-l.docx
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STAND. COM. REP. NO.
Your Committees find that the Governor's Senior Advisor for
Mental Health and the Justice System has a crucial role in
improving the State's implementation of the Substance Abuse and
Mental Health Services Administration (SAMHSA) model on jail
diversion, which details how individuals with mental and substance
use disorders come into contact with and move through the criminal
justice system. Your Committees further find that it is vital for
the Senior Advisor to gather and report substantive data on the
various community programs funded by the Department of Human
Services, Department of Health, and the Judiciary that provide
various services in the SAMHSA model on jail diversion. This
measure increases transparency on the progress that the Senior
Advisor for Mental Health and the Justice System has made on jail
diversion in the State and also supports the implementation of a
targeted approach to enhance services in jails and prisons,
support robust re-entry services in the State, and support
deflection and diversion services.
Your Committees have amended this measure by:
(1) Inserting findings that the uniqueness and importance of
having a position in the Office of the Governor that is
dedicated to mental health and the justice system makes
the Senior Advisor for Mental Health and the Justice
System a de facto lead on mental health and the justice
system initiatives for the State;
(2) Inserting language to clarify that the Senior Advisor
for Mental Health and the Justice System's annual
reports to the Legislature are requested to:
(A) Include any proposed legislation;
(B) Include a review of all federal and state court
cases and constitutional, statutory, and rule
changes impacting the Hawaii Revised Statutes that
relate to mental health and involuntary transport,
examination, hospitalization, and treatment,
including assisted community treatment, as proposed
in Senate Bill No. 2992, S.D. 2, H.D. 1 (2024); and
(C) Be made publicly available;
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STAND. COM. REP. NO. -7 I
Page 3
(3) Inserting language to request the Senior Advisor for
Mental Health and the Justice System to regularly submit
reports to the Chairperson of the Senate Standing
Committee on Health and Human Services on the progress
the State has made towards jail diversion; and
(4) Making technical, nonsubstantive amendments for the
purposes of clarity and consistency.
As affirmed by the records of votes of the members of your
Committees on Health and Human Services and Judiciary that are
attached to this report, your Committees concur with the intent
and purpose of S.C.R. No. 135, as amended herein, and recommend
its adoption in the form attached hereto as S.C.R. No. 135,
S.D. 1.
Respectfully submitted on
behalf of the members of the
Committees on Health and Human
Services and Judiciary,
KARL RHOADS, Chair
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The Senate
Thirty-Second Legislature
State of Hawaii
Record of Votes
Committee on Health and Human Services
HHS
Bill / Resolution No.:* Committee Referral: Date:
VAW-s / ATJC
The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to:___________________________________
The Recommendation is:
Pass, unamended \/ Pass, with amendments __ Hold __ Recommit
2312 2311_______________ 2310________ 2313
Members AySj Aye (WR) Nay Excused
SAN BUENAVENTURA, Joy A. (C) lx
AQUINO. Henry J.C. (VC)
KEOHOKALOLE, Jarrett
SHIMABUKURO, Maile S.L.
AWA, Brenton
TOTAL 7
Recommendation:
Adopted __ Not Adopted
Chair’s or Designee’s Signature;.,—-—_____
Distribution: Original Y^ow''^ Pink^ Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 12/27/23
The Senate
Thirty-Second Legislature
State of Hawai‘i
Record of Votes
Committee on Judiciary
JDC
Bill / Resolution No.:* Committee Referral: Date:
03 1 2-5 (
The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to:___________________________________
The Recommendation is: X
__ Pass, unamended V Pass, with amendments __ Hold __ Recommit
2312 2311_______________ 2310________ 2313
Members Ayez Aye (WR) Nay Excused
RHOADS, Karl (C)
GABBARD, Mike (VC)
ELEFANTE, Brandon J.C.
SAN BUENAVENTURA, Joy A.
AWA, Brenton
TOTAL —
Recommendation: /
Adopted __ Not Adopted
Distribution: Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 11/30/22