| 47 | | - | SECTION 1. The legislature finds that persons who are chronically unsheltered, mentally impaired, or suffer from a substance use disorder may be in need of rehabilitative assistance. These persons often have multiple encounters with law enforcement officers, who may lack the resources and training to effectively assist them. Many chronically unsheltered persons, persons experiencing a mental health crisis, or persons with substance use disorders become repeat petty-misdemeanor and misdemeanor offenders, cycling endlessly between jails, hospital emergency rooms, and the streets. These persons may struggle with rational decision-making and effective communication, and miscommunications during law enforcement encounters can place the person, law enforcement officers, and the community at risk. The legislature also finds that social workers have the training and expertise needed to provide rehabilitative help. Social workers can assist chronically unsheltered persons, persons experiencing a mental health crisis, or persons with substance use disorders in accessing shelter, psychiatric care, drug abuse treatment, or other assistive services. Allowing a social worker, also referred to under the State's position classification system as a human service professional, to accompany law enforcement officers on calls where the subject's mental health or housing may be at issue can help lower arrest, incarceration, and recidivism rates. Accordingly, the purpose of this Act is to establish the social workers for public safety pilot program within the department of public safety, or its successor agency. SECTION 2. (a) No later than days after the effective date of this Act, the department of public safety, or its successor agency, shall design and implement a five-year social workers for public safety pilot program that authorizes social workers or human service professionals to be on call or ready to accompany law enforcement officers when responding to incidents where a person may be unsheltered, suffering from a substance use disorder, or experiencing a mental health crisis. (b) A social worker or human service professional may be assigned to be on call to join law enforcement officers in responding to each report of a person who is: (1) Reportedly engaged in disorderly conduct, as defined in section 711-1101, Hawaii Revised Statutes; (2) Seemingly suffering from a substance use disorder; (3) Displaying signs of a mental health crisis; or (4) Experiencing homelessness. (c) Participation in the pilot program shall be optional for the detained person, who may choose not to interact with the social worker or human service professional. (d) Notwithstanding any other law to the contrary and if the law enforcement officers and social worker or human service professional deem it appropriate, the detained person may choose to follow the social worker's or human service professional's recommendations in lieu of arrest or citation. (e) The department of public safety, or its successor agency, shall inform the following, in writing, once the pilot program is operational: (1) The governor; (2) The lieutenant governor; (3) The attorney general; (4) The department of human services; (5) The public defender; (6) The prosecuting attorney in each county; (7) The registered members of the criminal justice and corrections section of the Hawaii State Bar Association; and (8) Homeless service providers in the State. (f) The pilot program shall terminate on July 1, 2026. (g) The department of public safety, or its successor agency, shall submit interim reports of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, 2026, and 2027, and shall submit a final report to the legislature no later than twenty days prior to the convening of the regular session of 2028. The reports shall include information and recommendations on the efficacy and costs of the pilot program. The final report shall also include a recommendation on whether the pilot program should be made permanent. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the social for public safety pilot program, including the establishment of five full-time equivalent (5.0 FTE) public safety social worker positions or human service professionals in the department of public safety, or its successor agency. The sums appropriated shall be expended by the department of public safety, or its successor agency, for the purposes of this Act. SECTION 4. This Act shall take effect on June 30, 3000. |
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| 47 | + | SECTION 1. The legislature finds that persons who are chronically unsheltered, mentally impaired, or substance addicted may be in need of rehabilitative assistance. These persons often have multiple encounters with law enforcement officers, who may lack the resources and training to effectively assist them. Many chronically unsheltered, mentally impaired, or substance addicted persons become repeat petty-misdemeanor and misdemeanor offenders, cycling endlessly between jails, hospital emergency rooms, and the streets. These persons may struggle with rational decision making and effective communication, and miscommunications during law enforcement encounters can place the person, law enforcement officers, and the community at risk. The legislature also finds that social workers have the training and expertise needed to provide rehabilitative help. Social workers can assist chronically unsheltered, mentally impaired, or substance addicted persons in accessing shelter, psychiatric care, drug abuse treatment, or other assistive services. Allowing a social worker to accompany law enforcement officers on calls where the subject's mental health or housing may be at issue can help lower arrest, incarceration, and recidivism rates. Accordingly, the purpose of this Act is to establish the social workers for public safety pilot program within the department of public safety, or its successor agency. SECTION 2. (a) No later than days after the effective date of this Act, the department of public safety, or its successor agency, shall design and implement a five-year pilot program requiring social workers to accompany law enforcement officers when responding to incidents where a person may be unsheltered, substance addicted, or mentally impaired. (b) A social worker shall be assigned to join law enforcement officers in responding to each report of a person who is: (1) Reportedly engaged in disorderly conduct, as defined in section 711-1101, Hawaii Revised Statutes; (2) Seemingly substance addicted or substance impaired; (3) Displaying signs of mental illness; or (4) Experiencing homelessness. (c) Participation in the pilot program shall be optional for the detained person, who may choose not to interact with the social worker. (d) Notwithstanding any other law to the contrary and if the law enforcement officers and social worker deem it appropriate, the detained person may choose to follow the social worker's recommendations in lieu of arrest or citation. (e) The department of public safety, or its successor agency, shall inform the following, in writing, once the pilot program is operational: (1) The governor; (2) The lieutenant governor; (3) The attorney general; (4) The public defender; (5) The prosecuting attorney in each county; (6) The department of human services; (7) The registered members of the criminal justice and corrections section of the Hawaii State Bar Association; and (8) Homeless service providers in the State. (f) The pilot program shall terminate after five years of operation. (g) The department of public safety, or its successor agency, shall submit interim reports of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, 2026, and 2027, and shall submit a final report to the legislature no later than twenty days prior to the convening of the regular session of 2028. The reports shall include information and recommendations on the efficacy and costs of the pilot program. The final report shall also include a recommendation on whether the pilot program should be made permanent. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the social workers for public safety pilot program, including the establishment of five full-time equivalent (5.0 FTE) public safety social worker positions in the department of public safety, or its successor agency. The sums appropriated shall be expended by the department of public safety, or its successor agency, for the purposes of this Act. SECTION 4. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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