Bill Text: HI SB309 | 2015 | Regular Session | Amended
Bill Title: Mental Health Examinations; Court Ordered Examinations; Courts and Corrections Branch; Department of Health; Adult Mental Health; Forensic Psychology ($)
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2015-02-20 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB309 Detail]
Download: Hawaii-2015-SB309-Amended.html
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THE SENATE |
S.B. NO. |
309 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH EXAMINATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Under section 704‑404, Hawaii Revised Statutes, a court may order a physical or mental examination of a criminal defendant to determine the defendant's penal responsibility. The legislature finds that the forensic examination process typically takes several months to complete. During this period, a pretrial defendant who may have a serious mental disease or defect may be held in state custody without receiving the timely completion of the court ordered examination or appropriate mental health treatment.
The legislature further finds that the lack of trained evaluators available in the State is linked to the rising number of pretrial detainees, resulting in populations of mentally ill and non-mentally ill defendants in understaffed and underfunded county jails as well as the Hawaii state hospital.
The legislature further finds that specialty training and expertise are required for the proper administration of a court ordered mental health examination. The conclusions drawn in a court ordered examination are heavily considered by the judiciary, and accordingly, a significant factor in the legal claims and defenses available to a defendant. Significantly, the recommendations to the judiciary contained in court ordered examinations have historically shown to strongly sway the final ruling of the court. The legislature accordingly further finds that where court ordered examinations involve forensic analysis, post-doctoral or commensurate experience and appropriate training becomes a crucial factor in the quality of mental health reports and administration of justice.
The purpose of this Act is to:
(1) Ensure timely administration of mental health examinations by trained forensic specialists by establishing forensic psychologist positions within the courts and corrections branch of the department of health;
(2) Ensure the quality of forensic analyses in the judicial state system, especially where criminal charges are involved, by requiring the prompt hiring of a manager position within the courts and corrections branch;
(3) Establish a system of accountability and efficiency by requiring the manager of the courts and corrections branch to oversee and review the forensically-related work of the forensic psychologists;
(4) Require the manager of the courts and corrections branch to review the certification process by which the department of health may appoint private and state forensic examiners, pursuant to section 704-404(2), Hawaii Revised Statutes;
(5) Provide funds for additional office space to require the court and corrections branch to be located near the courts in major populated areas, secretarial support, and other supplies necessary to facilitate the forensically-related work product of the court and corrections branch; and
(6) Recognize that the lack of critical forensic positions in the department of health constitutes an emergency, and accordingly, lifts any hiring freeze for all exempt positions in the court and corrections branch.
SECTION 2. (a) There is established in the courts and corrections branch of the department of health permanent full-time equivalent ( FTE) forensic psychologist positions that shall engage in psychological work with forensically-encumbered patients. At a minimum, a forensic psychologist shall have, and shall provide such evidence upon request, one year of post-doctoral forensic experience. Forensic psychologists shall be appointed by the director of health and be compensated for services with a competitive annual salary.
(b) To ensure maximum personnel retention, all existing courts and corrections branch examiners shall be converted to the new forensic psychologist position and upgraded pay scales to reflect past step movements and years of service; provided that the examiners meet the minimum requirement provided in subsection (a).
(c) There is established in the courts and correction branch permanent full-time equivalent ( FTE) manager position. The manager shall review the current certification process by which the department of health may appoint qualified private and state forensic examiners, pursuant to section 704‑402(2), Hawaii Revised Statutes. The review of the certification process shall be completed by May 1, 2016.
(d) Until the forensic psychologist positions established pursuant to subsection (a) are filled, the court and corrections branch shall remain in an emergency hiring situation, and any hiring freeze on any exempt positions within the branch shall be lifted without unnecessary delay.
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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to:
(1) Establish permanent full-time equivalent ( FTE) forensic psychologist positions within the courts and corrections branch of the department of health;
(2) Establish permanent full-time equivalent ( FTE) manager positions within the courts and corrections branch of the department of health;
(3) Provide capital expenditures necessary for office space for the courts and corrections branch of the department of health located near the courts of highly populated area; and
(4) Provide operating expenses for additional secretarial support and other materials, such as reference manuals, evaluation exams, and office supplies as necessary for the facilitation of forensically-related work.
The sums appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2015.
Report Title:
Mental Health Examinations; Court Ordered Examinations; Courts and Corrections Branch; Department of Health; Adult Mental Health; Forensic Psychology
Description:
Establishes an unspecified number of permanent full-time equivalent forensic psychologist positions and an unspecified number of permanent full-time equivalent manager positions within the courts and corrections branch of the department of health for timely and proper administration of court ordered examinations. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
