Bill Text: HI SB811 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 811 (Prior Session Legislation)

Introduced

Bill Title: Department of Public Safety; Security of Hawaii State Hospital

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB811 Detail]

Download: Hawaii-2012-SB811-Introduced.html

THE SENATE	S.B. NO.	811
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to the hawaii state hospital.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the Hawaii state hospital has suffered budget cuts and reductions in security positions, leaving the hospital vulnerable to escapes and security risks. The high occupancy rate at the hospital, coupled with the budget cuts and security reductions, has compromised and jeopardized the safety of both workers and patients at the facility, as well as the surrounding neighborhood and community at-large.

The patients at the Hawaii state hospital, including forensic patients committed to institutionalization by the courts, are considered to be in need of confinement. On average, six escapes per year and numerous assaults upon staff occur at the Hawaii state hospital. On December 3, 2009, a forensic patient, who was committed to the hospital in 2002 after allegedly kidnapping and sexually assaulting a child, escaped, further illustrating the current security situation at the hospital. Over a year later, this individual has not been re-captured.

The purpose of this Act is to:

(1) Clarify that the duties of the department of public safety include security at the Hawaii state hospital; and

(2) Require the director of health, in collaboration with the director of public safety, to report to the legislature on appropriate security measures and short- and long-range plans for security of the increasing and aging forensic population at the Hawaii state hospital.

SECTION 2. Section 26-14.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department of public safety shall be responsible for the [~~formulation~~]:

(1) Formulation and implementation of state policies and objectives for correctional, security, law enforcement, and public safety programs and functions[~~, for the administration~~];

(2) Administration and maintenance of all public or private correctional facilities and services[~~, for the service~~];

(3) Service of process[~~, and security~~]; and

(4) Security of state buildings[.], including the Hawaii state hospital, which is a secure psychiatric rehabilitation facility."

SECTION 3. Section 334-4, Hawaii Revised Statutes, is amended to read as follows:

"§334-4 Personnel for mental health program. (a) The director shall appoint professional and nonprofessional staff as the director deems necessary to carry out the state mental health program and for which appropriations are available. Positions for psychiatrists are exempted from chapter 76. The director may employ psychiatrists as needed by the department on a contractual basis, subject to the approval of the governor. The director may appoint an administrator, three associate administrators, a director of psychosocial rehabilitation, a chief of the department of nursing, a risk manager, a patients� rights advisor, and a facilities plant engineer for the state hospital or a secure psychiatric rehabilitation facility established pursuant to this chapter and these positions shall be exempt from chapter 76.

(b) Beginning September 1, 2011, security for the Hawaii state hospital, which is a secure psychiatric rehabilitation facility, shall be provided by the department of public safety under section 26‑14.6; provided that the department of health may advise the department of public safety on the appropriate level of security."

SECTION 4. The director of health, in collaboration with the director of public safety, shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2012 detailing:

(1) The plan, strategies, and timetable for ensuring the provision of appropriate levels of long-term security at the Hawaii state hospital; and

(2) Short- and long-term strategies and plans to address the State's increasing and aging forensic population at the Hawaii state hospital, including but not limited to facility needs, capacity issues, and other off-site options.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Department of Public Safety; Security of Hawaii State Hospital

Description:

Requires the department of public safety to provide security at the Hawaii state hospital. Requires a report to the legislature on strategies and plans to address the needs for appropriate security and the needs of the increasing and aging forensic population at the Hawaii state hospital.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.