Bill Text: HI SB2154 | 2010 | Regular Session | Amended

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Bill Title: Adult Probation Records; Disclosure

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-05-28 - (H) Act 149, on 5/28/2010 (Gov. Msg. No. 366). [SB2154 Detail]

Download: Hawaii-2010-SB2154-Amended.html

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CONFERENCE COMMITTEE REP. NO. 73-10

 

Honolulu, Hawaii

                 , 2010

 

RE:    S.B. No. 2154

       S.D. 1

       H.D. 1

       C.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2154, S.D. 1, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ADULT PROBATION RECORDS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  For disclosure of information from a defendant's treatment service provider, add the requirement of the defendant's prior written consent and the condition that disclosures relating to substance abuse records are subject to applicable federal regulations regarding confidentiality; and

 

     (2)  Authorize the release of probation drug test results to the defendant's treating physician with the prior written consent of the defendant if the test results indicate substance use that may be compromising the defendant's medical care or treatment.

 

     Your Committee on Conference finds that the intent of this measure is to balance probation record disclosure objectives with privacy concerns.  Regarding release of information related to a defendant's past treatment and assessments, your Committee on Conference notes that federal confidentiality provisions in Title 42 Code of Federal Regulations Part 2, relating to the confidentiality of alcohol and drug abuse patient records, require a client's written consent prior to the release of such information, and subsequent releases also require a client's written consent.  For probation drug test results, this measure will provide statutory authority for the release of probation drug test result information in a defendant's probation records under limited circumstances.

 

     Your Committee on Conference has amended this measure by inserting an effective date of July 1, 2010.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2154, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2154, S.D. 1, H.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

 

____________________________ JON RIKI KARAMATSU, Chair		____________________________ BRIAN T. TANIGUCHI, Chair