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Mental‑health bill on fitness‑to‑proceed draws sharp divisions; committee defers for revision
Summary
SB 2288, altering how courts handle fitness‑to‑proceed and civil orders for some defendants with severe mental illness, prompted extensive testimony. The Attorney General and Judiciary opposed the bill as drafted; proponents argued it addresses repeat offenders with severe mental illness. The committee deferred further action to rewrite and examine alternatives.
SB 2288 generated lengthy, sometimes heated testimony and back‑and‑forth between proponents and opponents. The Attorney General and Judiciary registered formal opposition, while proponent Mike Goodman, who said he drafted the bill, argued it would help courts address chronically ill individuals who are repeatedly found unfit to proceed and then released.
Goodman said the bill does not automatically subject someone who commits a crime to involuntary psychiatric care; rather, it would permit courts to proceed with civil orders in certain circumstances to prevent repeated criminalization of severe mental illness. The Office of the Public Defender warned that the criminal justice system is not the best vehicle for treating mental‑health needs and urged caution about presumptions that could lead to involuntary treatment without established criteria.
Multiple professional and advocacy groups — including the Hawaii Psychological Association, Department of Health, and disability rights organizations — provided comments or opposition. Committee discussion acknowledged the problem Goodman raised but concluded the bill as written needed substantial revision. At decision making the committee deferred SB 2288 for further work.
