SB 2917: Assisted Community Treatment; Involuntary Hospitalization; Community Health Outpatient

A BILL FOR AN ACT

relating to assisted community treatment.

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

     SECTION 1.  Section 704-421, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  During the defendant's commitment to the custody of the director of health or release on conditions pursuant to subsection (1):

     (a)  If the defendant's clinical team determines that the defendant meets the criteria for involuntary hospitalization set forth in section 334-60.2, the director of health, within seven days of the clinical team's determination, shall file with the family court a petition for involuntary hospitalization pursuant to section 334-60.3.  If the petition is granted, the defendant shall remain hospitalized for a period of time as provided by section 334-60.6; or

     (b)  If the defendant's clinical team determines that the defendant does not meet the criteria for involuntary hospitalization, or the court denies the petition for involuntary hospitalization, the defendant's clinical team shall determine whether an assisted community treatment plan is appropriate pursuant to part VIII of chapter 334.  If the clinical team determines that an assisted community treatment plan is appropriate, the clinical team shall identify a community mental health outpatient program that agrees to provide the mental health services to the defendant in the event the assisted community treatment petition is granted.  The psychiatrist or advanced practice registered nurse from the clinical team or the community mental health outpatient program shall prepare the certificate for assisted community treatment specified by section 334‑123, including a written treatment plan for the provision of mental health services to the defendant.  [The clinical team shall identify a community mental health outpatient program that agrees to provide mental health services to the defendant as the designated mental health program under the assisted community treatment order.]  The clinical team or the community mental health outpatient program shall provide the defendant with a copy of the certificate.  Within ten days of provision of the certificate to the defendant by the clinical team[,] or the community mental health outpatient program, the director of health shall file with the family court the assisted community treatment petition described in section 334‑123.  When a petition for assisted community treatment has been filed for a defendant, the defendant committed to the custody of the director of health shall remain in custody until the family court issues a decision on the petition; provided that the judge may order that the subject be released during the pendency of that action.  A petition for assisted community treatment filed pursuant to this section shall be heard within five days after its filing."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Assisted Community Treatment; Involuntary Hospitalization; Community Health Outpatient

Description:

Requires community health outpatient programs to prepare a certificate for assisted community treatment and provide the certificate to a defendant.  Requires a petition for assisted community treatment to be heard within five days after the petition is filed.

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