Posted on: Thursday, October 4, 2001

Patients' history disclosure optional

By Rod Ohira
Advertiser Staff Writer

Probation officers who monitor former state hospital patients have discretion on whether to disclose a patient's criminal history to care-home operators, state adult probation administrator Ron Hajime said this week.

But Hajime would not specifically comment about the case that triggered controversy over such disclosures.

Background disclosure became an issue this week when relatives of a care-home operator said the woman did not know about the criminal background of a patient now accused of stabbing her to death.

Agapita Alcaraz, 64, who ran a two-story Waipahu care home, was stabbed Sunday.

Emily Rauschenburg, 55, has been charged with murder. In 1984, she was acquitted by reason of insanity of murder and attempted murder for setting fire to a Makiki rooming house. One man was killed in the blaze.

Rauschenburg was committed to the state hospital but later placed on conditional release, her status when the stabbing occurred.

The probation office is charged with monitoring former state hospital patients acquitted of crimes by reason of insanity who are placed on conditional release.

Hajime said probation officers "collaborate" with those they are working with in the community, such as care-home operators.

"Nine out of 10 times, officers will release directory (public) information about prior convictions, what the sentence is and what the terms of conditional release are," Hajime said.

Federal law, however, prohibits officers from releasing confidential information, such as psychological evaluations, drug use or test results, or HIV status. The law is very specific, noted Patricia Snyder, administrator of the state's Social Services Division.

"Our officers can determine a person is high risk but they cannot call someone dangerous because that's a conclusion and that determination has to come from a professional," Hajime said.

Alcaraz's relatives said she was not aware Rauschenburg was acquitted by reason of insanity.

"If you go buy a house or car, they give you history information about what you buying," said Bruce Alcaraz, son of the victim. "They should disclose who is violent."

Mariano Apuya, Alliance of Residential Care Administrators president, said the state normally offers information as a matter of policy but believes it should do more. "If the person has dangerous behavioral problems, I think it becomes an obligation to divulge that information without a care-home operator having to ask for it," Apuya said.