THE SENATE	S.R. NO.	59
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

SENATE RESOLUTION

 

 

REQUESTING THE GOVERNOR'S SENIOR ADVISOR FOR MENTAL HEALTH AND THE JUSTICE SYSTEM TO FORMULATE A PLAN TO INCREASE ACCESS TO THE HAWAII STATE HOSPITAL FOR CERTAIN MENTALLY ILL- CRIMINAL DEFENDANTS.

 

 

     WHEREAS, on February 5, 2024, the Senate Committee on Health and Human Services and the House Committee on Health and Homelessness held a joint hearing to discuss, among other things, the use of behavioral health centers and hospitals to house mentally ill criminal defendants; and

 

     WHEREAS, at the joint hearing, the Governor's Senior Advisor for Mental Health and the Justice System presented the Sequential Intercept Model, which illustrated points in the system at which individuals with mental health issues move from the care system into the criminal justice system, including a person's initial contact with police, incarceration, and release; and

 

     WHEREAS, in recent years, the Legislature has made various efforts to fund intercept programs, including the Honolulu Police Department's Health Threat Assessment Team and the Judiciary's Community Outreach Court, but due to limited coordination between State agencies, these programs have resulted in no meaningful reduction in the State's jail population; and

 

     WHEREAS, according to updates provided by the Department of Health's Adult Mental Health Division, despite having the legal framework and funding in place for new, court-ordered treatment pathways, few individuals have successfully moved through the programs, and only one person was successfully diverted from the criminal justice system; and

 

     WHEREAS, at an October 20, 2025, hearing of the Senate Committee on Health and Human Services, the Administrator of the Hawaii State Hospital testified that the number of patients at the Hawaii State Hospital exceeded the hospital's planned capacity; and

     WHEREAS, at that hearing, the Administrator of the Hawaii State Hospital also testified that seventy-eight percent of the hospital's population was either being evaluated for fitness to proceed to trial, or had been determined unfit to proceed to trial; and

 

     WHEREAS, in 2026, Senate Bill No. 3142 was introduced as part of the Governor's package to provide for civil protective custody in lieu of arrest for the crime of dangerous intoxication, and for mandatory treatment for the crime of dangerous habitual intoxication; and

 

     WHEREAS, at a hearing on the measure, concerns were expressed regarding the lack of suitable placements for persons who are civilly committed or in civil protective custody, given the full capacity at the Hawaii State Hospital; and

 

     WHEREAS, the Governor's Senior Advisor for Mental Health and the Justice System is uniquely positioned to organize the appropriate state agencies to formulate a plan to create placements for:

 

     (1)  Mentally ill individuals in the State's criminal justice system, regardless of whether the person is being evaluated to determine the person's fitness to proceed to trial; and

 

     (2)  Persons recently released from the Hawaii State Hospital who are at risk of recidivism; now, therefor,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the Governor's Senior Advisor on Mental Health and the Justice System is requested to formulate a plan to create places of shelter for persons under civil commitment and for persons who have been recently released from the Hawaii State Hospital and are at risk of recidivism; and

 

     BE IT FURTHER RESOLVED, that the Governor's Senior Advisor on Mental Health and the Justice System is requested to submit a report of any findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor's Senior Advisor on Mental Health and the Justice System, Director of the Hawaii State Hospital, and Director of Health.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title:

Governor's Senior Advisor on Mental Health; and the Justice System; Hawaii State Hospital; Civil Commitments; Recidivism; Report