Bill Text: HI SB1051 | 2019 | Regular Session | Introduced
Bill Title: Relating To Homeless Individuals With Severe Mental Illness.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2019-03-22 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan, Yamane excused (2). [SB1051 Detail]
Download: Hawaii-2019-SB1051-Introduced.html
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THE SENATE |
S.B. NO. |
1051 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOMELESS INDIVIDUALS WITH SEVERE MENTAL ILLNESS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State has a gap in services for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders, as these individuals often cycle between homelessness, emergency room treatment, incarceration, and hospitalization. Individuals with severe mental illness or severe co-occurring mental illness and substance use disorders typically become chronically homeless and further burden the health care system through excessive use of expensive emergency department, inpatient treatment, and crisis services. Due to their mental illness, these individuals routinely reject offered services and remain on the street, putting themselves at risk of further injury and creating a significant burden on the communities where they reside.
The purpose of this Act is to require the department of human services, in consultation with the department of health, to establish a three-year pilot project to procure the services of a service provider to operate a shelter and provide mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered assisted community treatment or court-ordered guardianship.
SECTION 2. (a) Pursuant to chapter 103D or 103F, Hawaii Revised Statutes, the department of human services, in consultation with the department of health, shall establish a three-year pilot project to procure the services of a service provider, referred to hereinafter as the designated service provider, to operate a shelter and provide mental health treatment for a limited number of homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered assisted community treatment or court-ordered guardianship, with the goal of rehabilitating and transitioning these individuals to a group home within twelve weeks.
(b) Prior to the establishment of and during the pilot project:
(1) The adult protective and community services branch of the department of human services shall petition the family court for court-ordered assisted community treatment or court-ordered guardianship for a homeless individual with severe mental illness or severe co-occurring mental illness and substance use disorders; provided that in the case of public guardianship of the homeless individual pursuant to chapter 551A, Hawaii Revised Statutes, the adult protective and community services branch shall be responsible for providing all information and records, and filing all documents and forms, as may be necessary to effectuate public guardianship under this paragraph; or
(2) A licensed physician employed by the designated service provider shall petition the family court for court-ordered assisted community treatment for a homeless individual with severe mental illness or severe co-occurring mental illness and substance use disorders;
provided that the individual's court-ordered treatment states that it is in the individual's best interest to enroll in a mental health treatment program, such as the pilot project established in this Act.
Under court-ordered assisted community treatment or court-ordered guardianship within the pilot project and notwithstanding any other law to the contrary, a licensed physician employed by the designated service provider, or a legal guardian, respectively, may place the homeless individual into the shelter to receive mental health treatment, including over the individual's objection, at the shelter for a designated period of time or until the individual is sufficiently rehabilitated to be able to transition to a group home.
(c) No more than eight homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders may receive shelter and mental health treatment at the facility at any given time. A homeless individual with severe mental illness or severe co-occurring mental illness and substance use disorders is required to provide appropriate identification documentation, including but not limited to a social security card, driver's license, or civil identification card, to be eligible for shelter and mental health treatment at the facility.
(d) The pilot project shall end on June 30, 2022. The department of human services, in consultation with the governor's coordinator on homelessness, shall submit to the legislature:
(1) An interim report no later than twenty days prior to the convening of the regular session of 2022 detailing findings and recommendations regarding the pilot project, including findings regarding the pilot project's contribution to successfully transitioning homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders to permanent housing, challenges or failures of the pilot project, and any proposed legislation; and
(2) A final report no later than twenty days prior to the convening of the regular session of 2023.
(e) The department of human services shall enter a memorandum of understanding with the department of health and the designated service provider in providing shelter and mental health treatment to homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders subject to court-ordered assisted community treatment or court-ordered guardianship.
(f) The designated service provider shall identify and locate a suitable, unused facility in which to provide shelter and mental health treatment services and shall make any necessary changes to the facility to serve individuals with severe mental illness or severe co-occurring mental illness and substance use disorders; provided that the facility shall be approved by the department of health prior to establishment of the pilot project.
(g) The department of human services and the designated service provider shall provide the governor's office with access to all data from the pilot project. The governor's office shall ensure that data from the pilot project is entered into the United States Department of Housing and Urban Development's Homeless Management Information System.
(h) The department of human services may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate this Act.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $600,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 to establish a pilot project to operate a shelter, including the hiring of a social worker and social service assistant to provide twenty-four hour, seven days a week assistance for the shelter and one 0.5 full-time equivalent (0.5 FTE) staff position in the office of the public guardian; leasing of a facility for the shelter; and administrative expenses, including fees and costs for the designated service provider to obtain court-ordered assisted community treatment or court-ordered guardianship to provide shelter and mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders pursuant to this Act; provided that the department of human services may procure mental health services and any other services necessary to achieve the goals of the pilot project described in section 2 of this Act.
The sums appropriated shall be expended by the department of human services for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2019.
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INTRODUCED BY: |
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Report Title:
Individuals with Severe Mental Illness; Individuals with Severe Co-occurring Mental Illness and Substance Use Disorders; Homeless; Facility; DHS; DOH; Court-ordered Assisted Community Treatment; Court-ordered Guardianship; Appropriation
Description:
Requires the Department of Human Services, in consultation with the Department of Health, to establish a pilot project to procure services from a designated service provider to operate a facility to provide shelter and mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered assisted community treatment or court-ordered guardianship. Requires the adult protective and community services branch of the Department of Human Services or a licensed physician employed by the designated service provider to request court-ordered assisted community treatment or court-ordered guardianship for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders. Requests that homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders provide identification documentation prior to receiving shelter and mental health treatment. Requires the designated service provider to locate an unused, suitable facility to operate as a shelter. Makes an appropriation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
