SB 955: DOH; Judiciary; Penal Code; Fitness-to-Proceed Examinations; Qualified Examiners; Escape From Custody
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-03-13
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Clarifies who may serve as a qualified examiner in a fitness-to-proceed examination. Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Reduces the number of qualified examiners required for a fitness-to-proceed examination in a felony case from 3 to 1. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health. Sunsets the amendments related to fitness-to-proceed examinations on 12/31/26. Effective 7/1/3000. (HD1)
Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Clarifies who may serve as a qualified examiner. Reduces the number of qualified examiners required for a fitness-to-proceed examination in a felony case from 3 to 1. Establishes the rate of compensation for conducting the examinations. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health. Sunsets the amendments to subsection 707-404(2) on 12/31/26. (SD2)
Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Clarifies who may serve as a qualified examiner. Reduces the number of qualified examiners required for a fitness-to-proceed examination in a felony case from three to one. Establishes the rate of compensation for conducting the examinations. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health. (SD1)
Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Clarifies who may serve as a qualified examiner. Reduces from 3 to 2 the number of qualified examiners required for a fitness-to-proceed examination in a felony case, unless the examiners disagree on the defendant's fitness. Establishes the rate of compensation for conducting the examinations. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health under section 704-421(1), Hawaii Revised Statutes.
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THE SENATE |
S.B. NO. |
955 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO FITNESS TO PROCEED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(2) Clarify the term of a defendant's commitment to a hospital or facility for purposes of a fitness-to-proceed examination;
(3) Reduce from three to one the number of qualified examiners required for a fitness-to-proceed examination in a felony case; and
(4) Reduce penalties to be commensurate with the underlying offense for a person charged with a nonviolent crime who escapes from the custody of the director of health while awaiting a fitness-to-proceed examination.
SECTION 2. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Upon suspension of further proceedings in the prosecution:
(a) In
cases where the defendant is charged with a [petty misdemeanor] crime
not involving violence or attempted violence, if a court-based certified
examiner is available, the court shall appoint the court-based certified
examiner to examine and provide an expedited report solely upon the issue of
the defendant's capacity to understand the proceedings against the defendant
and defendant's ability to assist in the defendant's own defense. The court-based certified examiner shall file
the examiner's report with the court within two days of the appointment of the
examiner, or as soon thereafter is practicable.
A hearing shall be held to determine if the defendant is fit to proceed
within two days of the filing of the report, or as soon thereafter as is
practicable;
(b) [In
all other nonfelony cases, and where] Where a court-based certified
examiner is not available in cases under paragraph (a), the court shall appoint
one qualified examiner to examine and report upon the defendant's fitness to
proceed. The court may appoint as
the examiner [either] a health care professional designated by the
director of health from within the department of health, including a
psychiatrist, an advanced practice registered nurse specializing in
psychiatry, or a licensed psychologist [designated by the director of
health from within the department of health]; and
(c) In felony cases, the court shall
appoint [three] one qualified [examiners] examiner
to examine and report upon the defendant's fitness to proceed. The court shall also receive a report from
the treating clinician on the defendant's fitness to proceed. The court shall appoint as [examiners
psychiatrists, licensed psychologists, or qualified physicians;] an
examiner a psychiatrist, licensed psychologist, advanced practice registered
nurse specializing in psychiatry, or qualified physician; provided that [one
of the three examiners shall be] the court may appoint as an examiner
a psychiatrist, advanced practice registered nurse specializing in
psychiatry, or licensed psychologist designated by the director of health
from within the department of health.
All
examiners shall be appointed from a list of certified examiners as determined
by the department of health. The court,
in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted while the
defendant is in custody or on release or, in the court's discretion, when
necessary the court may order the defendant to be committed to a hospital or
other suitable facility for the purpose of the examination [for a period not
exceeding thirty days, or a longer period as the court determines to be
necessary for the purpose.]; provided that the court shall hold a status
hearing no later than fourteen days after the defendant is committed to
determine whether it is necessary to continue to commit the defendant; provided
further that if the court determines that it is necessary to continue to commit
the defendant to the custody of the hospital or facility beyond fourteen days,
the court shall hold a status hearing on the thirtieth day to determine whether
it is necessary to continue to commit the defendant; provided further that the
court shall hold status hearings no less than once per calendar week at the
Hawaii state hospital. If the thirtieth
day falls on a Saturday, Sunday, or holiday, the hearing shall be held on the
next court day. The court may direct
that one or more qualified physicians or psychologists retained by the
defendant be permitted to witness the examination. As used in this section, the term
"licensed psychologist" includes psychologists exempted from
licensure by section 465-3(a)(3) and "qualified physician" means a
physician qualified by the court for the specific [evaluation] examination
ordered."
SECTION 3. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) [Escape] Except as provided in
subsection (3), escape in the second degree [is] shall be a
class C felony.
(3) Notwithstanding subsection (2), if a person escapes from the custody of the director of health while awaiting examination or assessment pursuant to section 704-421(1), escape in the second degree shall be a petty misdemeanor; provided that this subsection shall not apply if the person commits a new felony offense in the course of or during the pendency of the escape."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000; provided that on December 31, 2026, the amendments made to subsection 707-404(2), Hawaii Revised Statutes, by section 2 of this Act shall be repealed and that subsection shall be reenacted in the form in which it read on the day prior to the effective date of this Act.
Report Title:
DOH; Judiciary; Penal Code; Fitness-to-Proceed Examinations; Qualified Examiners; Escape From Custody
Description:
Clarifies who may serve as a qualified examiner in a fitness-to-proceed examination. Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Reduces the number of qualified examiners required for a fitness-to-proceed examination in a felony case from 3 to 1. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health. Sunsets the amendments related to fitness-to-proceed examinations on 12/31/26. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
955 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FITNESS TO PROCEED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Reduce overcrowding at hospitals and mental health facilities by clarifying the term of a defendant's commitment to a hospital or facility for purposes of a fitness-to-proceed examination;
(2) Increase the number of available private examiners and expedite examination reports by increasing compensation for and clarifying the types of professionals who may serve as a private examiner pursuant to section 704-404, Hawaii Revised Statutes;
(3) Reduce the number of qualified examiners required for a fitness-to-proceed examination in a felony case from three to one; and
(4) Reduce penalties to be commensurate with the underlying offense for a person charged with a nonviolent petty misdemeanor who escapes from the custody of the director of health while pending examination or assessment pursuant to section 704‑421(1), Hawaii Revised Statutes.
SECTION 2. Section 704-404, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (2) to read:
"(2) Upon suspension of further proceedings in the prosecution:
(a) In
cases where the defendant is charged with a [petty misdemeanor] crime
not involving violence or attempted violence, if a court-based certified
examiner is available, the court shall appoint the court-based certified
examiner to examine and provide an expedited report solely upon the issue of
the defendant's capacity to understand the proceedings against the defendant
and defendant's ability to assist in the defendant's own defense. The court-based certified examiner shall file
the examiner's report with the court within two days of the appointment of the
examiner, or as soon thereafter is practicable.
A hearing shall be held to determine if the defendant is fit to proceed
within two days of the filing of the report, or as soon thereafter as is
practicable;
(b) [In
all other nonfelony cases, and where] Where a court-based certified
examiner is not available in cases under paragraph (a), the court shall appoint
one qualified examiner to examine and report upon the defendant's fitness to
proceed. The court may appoint as
the examiner [either] a health care professional designated by the
director of health from within the department of health, including a
psychiatrist, an advanced practice registered nurse specializing in
psychiatry, or a licensed psychologist [designated by the director of
health from within the department of health]; and
(c) In felony cases, the court shall
appoint [three] one qualified [examiners] examiner
to examine and report upon the defendant's fitness to proceed. The court shall appoint as [examiners
psychiatrists, licensed psychologists, or qualified physicians;] an
examiner a psychiatrist, licensed psychologist, advanced practice registered
nurse specializing in psychiatry, or qualified physician; provided that [one
of the three examiners shall be] the court may appoint as an examiner
a psychiatrist, advanced practice registered nurse specializing in
psychiatry, or licensed psychologist designated by the director of health
from within the department of health.
All
examiners shall be appointed from a list of certified examiners as determined
by the department of health. The court,
in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted while the
defendant is in custody or on release or, in the court's discretion, when
necessary the court may order the defendant to be committed to a hospital or
other suitable facility for the purpose of the examination [for a period not
exceeding thirty days, or a longer period as the court determines to be
necessary for the purpose.]; provided that the court shall hold a status
hearing no later than fourteen days after the defendant is committed to
determine whether it is necessary to continue to commit the defendant; provided
further that if the court determines that it is necessary to continue to commit
the defendant to the custody of the hospital or facility beyond fourteen days,
the court shall hold a status hearing on the thirtieth day to determine whether
it is necessary to continue to commit the defendant; provided further that the
court shall hold status hearings no less than once per calendar week at the
Hawaii state hospital. If the thirtieth
day falls on a Saturday, Sunday, or holiday, the hearing shall be held on the
next court day. The court may direct
that one or more qualified physicians or psychologists retained by the
defendant be permitted to witness the examination. As used in this section, the term
"licensed psychologist" includes psychologists exempted from
licensure by section 465-3(a)(3) and "qualified physician" means a
physician qualified by the court for the specific [evaluation] examination
ordered."
2. By amending subsection (11) to read:
"(11) The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the State. The rate of compensation paid by the State shall be $ per examination, which shall include payment for and be in full satisfaction of:
(a) The examination;
(b) Report drafting; and
(c) Any consultation, preparation, testimony, or attendance for purposes of court proceedings."
SECTION 3. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) [Escape] Except as provided in
subsection (3), escape in the second degree [is] shall be a
class C felony.
(3) Notwithstanding subsection (2), if a person escapes from the custody of the director of health while awaiting examination or assessment pursuant to section 704-421(1), escape in the second degree shall be a petty misdemeanor; provided that this subsection shall not apply if the person commits a new felony offense in the course of or during the pendency of the escape."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that on December 31, 2026, the amendments made to subsection 707-404(2), Hawaii Revised Statutes, by section 2 of this Act shall be repealed and that subsection shall be reenacted in the form in which it read on the day prior to the effective date of this Act.
Report Title:
DOH; Judiciary; Penal Code; Fitness to Proceed; Escape From Custody
Description:
Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Clarifies who may serve as a qualified examiner. Reduces the number of qualified examiners required for a fitness-to-proceed examination in a felony case from 3 to 1. Establishes the rate of compensation for conducting the examinations. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health. Sunsets the amendments to subsection 707-404(2) on 12/31/26. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
955 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
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|
||
A BILL FOR AN ACT
RELATING TO FITNESS TO PROCEED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Reduce overcrowding at hospitals and mental health facilities by clarifying the term of a defendant's commitment to a hospital or facility for purposes of a fitness-to-proceed examination;
(2) Increase the number of available private examiners and expedite examination reports by increasing compensation for and clarifying the types of professionals who may serve as a private examiner pursuant to section 704-404, Hawaii Revised Statutes;
(3) Reduce the number of qualified examiners required for a fitness-to-proceed examination in a felony case from three to one; and
(4) Reduce penalties to be commensurate with the underlying offense for a person charged with a nonviolent petty misdemeanor who escapes from the custody of the director of health while pending examination or assessment pursuant to section 704‑421(1), Hawaii Revised Statutes.
SECTION 2. Section 704-404, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (2) to read:
"(2) Upon suspension of further proceedings in the prosecution:
(a) In
cases where the defendant is charged with a [petty misdemeanor] crime
not involving violence or attempted violence, if a court-based certified
examiner is available, the court shall appoint the court-based certified
examiner to examine and provide an expedited report solely upon the issue of
the defendant's capacity to understand the proceedings against the defendant
and defendant's ability to assist in the defendant's own defense. The court-based certified examiner shall file
the examiner's report with the court within two days of the appointment of the
examiner, or as soon thereafter is practicable.
A hearing shall be held to determine if the defendant is fit to proceed
within two days of the filing of the report, or as soon thereafter as is
practicable;
(b) [In
all other nonfelony cases, and where] Where a court-based certified
examiner is not available in cases under paragraph (a), the court shall appoint
one qualified examiner to examine and report upon the defendant's fitness to
proceed. The court may appoint as
the examiner [either] a health care professional designated by the
director of health from within the department of health, including a psychiatrist,
an advanced practice registered nurse specializing in psychiatry, or a licensed
psychologist [designated by the director of health from within the
department of health]; and
(c) In felony cases, the court shall
appoint [three] one qualified [examiners] examiner
to examine and report upon the defendant's fitness to proceed. The court shall appoint as [examiners
psychiatrists, licensed psychologists, or qualified physicians;] an
examiner a psychiatrist, licensed psychologist, advanced practice registered
nurse specializing in psychiatry, or qualified physician; provided that [one
of the three examiners shall be] the court may appoint as an examiner
a psychiatrist, advanced practice registered nurse specializing in
psychiatry, or licensed psychologist designated by the director of health
from within the department of health.
All
examiners shall be appointed from a list of certified examiners as determined
by the department of health. The court,
in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted while the
defendant is in custody or on release or, in the court's discretion, when
necessary the court may order the defendant to be committed to a hospital or
other suitable facility for the purpose of the examination [for a period not
exceeding thirty days, or a longer period as the court determines to be
necessary for the purpose.]; provided that the court shall hold a status
hearing no later than fourteen days after the defendant is committed to
determine whether it is necessary to continue to commit the defendant; provided
further that if the court determines that it is necessary to continue to commit
the defendant to the custody of the hospital or facility beyond fourteen days,
the court shall hold a status hearing on the thirtieth day to determine whether
it is necessary to continue to commit the defendant. If the thirtieth day falls on a Saturday,
Sunday, or holiday, the hearing shall be held on the next court day. The court may direct that one or more
qualified physicians or psychologists retained by the defendant be permitted to
witness the examination. As used in this
section, the term "licensed psychologist" includes psychologists
exempted from licensure by section 465-3(a)(3) and "qualified
physician" means a physician qualified by the court for the specific [evaluation]
examination ordered."
2. By amending subsection (11) to read:
"(11) The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the State. The rate of compensation paid by the State shall be $ per examination, which shall include payment for and be in full satisfaction of:
(a) The examination;
(b) Report drafting; and
(c) Any consultation, preparation, testimony, or attendance for purposes of court proceedings."
SECTION 3. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) [Escape] Except as provided in
subsection (3), escape in the second degree [is] shall be a
class C felony.
(3) Notwithstanding subsection (2), if a person escapes from the custody of the director of health while awaiting examination or assessment pursuant to section 704-421(1), escape in the second degree shall be a petty misdemeanor; provided that this subsection shall not apply if the person commits a new felony offense in the course of or during the pendency of the escape."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
DOH; Judiciary; Penal Code; Fitness to Proceed; Escape From Custody
Description:
Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Clarifies who may serve as a qualified examiner. Reduces the number of qualified examiners required for a fitness-to-proceed examination in a felony case from three to one. Establishes the rate of compensation for conducting the examinations. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
955 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to FITNESS TO PROCEED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Reduce overcrowding at hospitals and mental health facilities by clarifying the term of a defendant's commitment to a hospital or facility for purposes of a fitness-to-proceed examination;
(2) Increase the number of available private examiners and expedite examination reports by increasing compensation for and clarifying the types of professionals who may serve as a private examiner pursuant to section 704-404, Hawaii Revised Statutes;
(3) Reduce from three to two the number of qualified examiners required for a fitness-to-proceed examination in a felony case, unless the examiners disagree on the defendant's fitness; and
(4) Reduce penalties to be commensurate with the underlying offense for a person charged with a non‑violent petty misdemeanor who escapes from the custody of the director of health while pending examination or assessment pursuant to section 704‑421(1), Hawaii Revised Statutes.
SECTION 2. Section 704-404, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (2) to read:
"(2) Upon suspension of further proceedings in the prosecution:
(a) In
cases where the defendant is charged with a [petty misdemeanor] crime
not involving violence or attempted violence, if a court-based certified
examiner is available, the court shall appoint the court-based certified
examiner to examine and provide an expedited report solely upon the issue of
the defendant's capacity to understand the proceedings against the defendant
and defendant's ability to assist in the defendant's own defense. The court-based certified examiner shall file
the examiner's report with the court within two days of the appointment of the
examiner, or as soon thereafter is practicable.
A hearing shall be held to determine if the defendant is fit to proceed
within two days of the filing of the report, or as soon thereafter as is
practicable;
(b) [In
all other nonfelony cases, and where] Where a court-based certified
examiner is not available in cases under paragraph (a), the court shall appoint
one qualified examiner to examine and report upon the defendant's fitness to
proceed. The court may appoint as
the examiner [either] a healthcare professional designated by the
director of health from within the department of health, including a psychiatrist,
an advanced practice registered nurse specializing in psychiatry, or a licensed
psychologist [designated by the director of health from within the
department of health]; and
(c) In felony cases, the court shall
appoint [three] two qualified examiners to examine and report
upon the defendant's fitness to proceed[.]; provided that in the
event of a disagreement as to the recommendations of these examiners, a third
examiner shall be appointed. The
court shall appoint as examiners psychiatrists, licensed psychologists, advanced
practice registered nurses specializing in psychiatry, or qualified
physicians; provided that one of the [three] two examiners shall
be a psychiatrist, advanced practice registered nurse specializing in
psychiatry, or licensed psychologist designated by the director of health
from within the department of health.
All
examiners shall be appointed from a list of certified examiners as determined
by the department of health. The court,
in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted while the
defendant is in custody or on release or, in the court's discretion, when
necessary the court may order the defendant to be committed to a hospital or
other suitable facility for the purpose of the examination [for a period not
exceeding thirty days, or a longer period as the court determines to be
necessary for the purpose.]; provided that the court shall hold a status
hearing no later than fourteen days after the defendant is committed to
determine whether it is necessary to continue to commit the defendant; provided
further that if the court determines that it is necessary to continue to commit
the defendant to the custody of the hospital or facility beyond fourteen days,
the court shall hold a status hearing on the thirtieth day to determine whether
it is necessary to continue to commit the defendant. If the thirtieth day falls on a Saturday,
Sunday, or holiday, the hearing shall be held on the next court day. The court may direct that one or more
qualified physicians or psychologists retained by the defendant be permitted to
witness the examination. As used in this
section, the term "licensed psychologist" includes psychologists exempted
from licensure by section 465-3(a)(3) and "qualified physician" means
a physician qualified by the court for the specific [evaluation] examination
ordered."
2. By amending subsection (11) to read:
"(11) The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the State. The rate of compensation paid by the State shall be $ per examination, which shall include payment for and be in full satisfaction of:
(a) The examination;
(b) Report drafting; and
(c) Any consultation, preparation, testimony, or attendance for purposes of court proceedings."
SECTION 3. Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:
"§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) [Escape] Except as provided in
subsection (3), escape in the second degree [is] shall be a
class C felony.
(3) Notwithstanding subsection (2), if a person escapes from the custody of the director of health while awaiting examination or assessment pursuant to section 704-421(1), escape in the second degree shall be a petty misdemeanor; provided that this subsection shall not apply if the person commits a new felony offense in the course or during the pendency of the escape."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DOH; Judiciary; Penal Code; Fitness to Proceed; Escape From Custody
Description:
Clarifies the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination. Clarifies who may serve as a qualified examiner. Reduces from 3 to 2 the number of qualified examiners required for a fitness-to-proceed examination in a felony case, unless the examiners disagree on the defendant's fitness. Establishes the rate of compensation for conducting the examinations. Establishes a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health under section 704-421(1), Hawaii Revised Statutes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
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|---|---|
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Mar 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Garcia, Pierick, Souza voting aye with reservations; none voting no (0) and Representative(s) Cochran, Holt, Iwamoto, Ward excused (4). |
| Mar 14, 2025 | Reported from HLT (Stand. Com. Rep. No. 1231) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 12, 2025 | The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Chun, Marten, Olds, Takenouchi; Ayes with reservations: Representative(s) Garcia; Noes: none; and 1 Excused: Representative(s) Alcos. |
| Mar 7, 2025 | Bill scheduled to be heard by HLT on Wednesday, 03-12-25 9:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to HLT, JHA, FIN, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 228) in amended form (SD 2). |
| Mar 4, 2025 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: Senator(s) Fevella. Noes, 1 (Senator(s) DeCorte). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from WAM (Stand. Com. Rep. No. 839) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 19, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 14, 2025 | The committee(s) on WAM will hold a public decision making on 02-19-25 10:02AM; Conference Room 211 & Videoconference. |
| Feb 14, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 14, 2025 | Reported from HHS/JDC (Stand. Com. Rep. No. 657) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Feb 13, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Feb 13, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Keohokalole. |
| Feb 5, 2025 | The committee(s) on HHS/JDC has scheduled a public hearing on 02-13-25 9:00AM; Conference Room 016 & Videoconference. |
| Jan 23, 2025 | Referred to HHS/JDC, WAM. |
| Jan 21, 2025 | Passed First Reading. |
| Jan 17, 2025 | Introduced. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Mar 12, 2025 | The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Health |
Passed |
|
| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
|
| Feb 19, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
|
| Feb 13, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Feb 13, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Adult Mental Health Division | *** Support | Feb 13, 2025 |
| Department of Health | ** Support | |
| Department of Health, State of Hawaii | *** Support | Feb 13, 2025 |
| Department of the Prosecuting Attorney, City and County of Honolulu | *** Against | Feb 19, 2025 |
| Department of the Prosecuting Attorney, County of Maui | *** Against | Mar 12, 2025 |
| Hawaii Association of Professional Nurses (HAPN) | *** Support | Feb 13, 2025 |
| Hawaii Correctional System Oversight Commission | *** Support | Mar 12, 2025 |
| Hawaiʻi Association of Professional Nurses | ** Support | |
| Hawai‘i Psychological Association | *** Against | Mar 12, 2025 |
| Judiciary | ** Against | |
| Office of the Public Defender | ** Support |
STAND. COM. REP. NO. 1231
Honolulu, Hawaii
, 2025
RE: S.B. No. 955
S.D. 2
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Health, to which was referred S.B. No. 955, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO FITNESS TO PROCEED,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Increase compensation for and clarify the types of professionals who may serve as a private examiner for a fitness-to-proceed examination;
(2) Clarify the term of a defendant's commitment to a hospital or facility for purposes of a fitness-to-proceed examination;
(3) Reduce from three to one the number of qualified examiners required for a fitness-to-proceed examination in a felony case; and
(4) Reduce penalties to be commensurate with the underlying offense for a person charged with a nonviolent crime who escapes from the custody of the director of health while awaiting a fitness-to-proceed examination.
Your Committee received testimony in support of this measure from the Department of Health and one individual. Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney, County of Maui; Hawaii Psychological Association; and one individual. Your Committee received comments on this measure from the Judiciary; Department of the Attorney General; Hawaii Correctional System Oversight Commission; Office of the Public Defender; and Hawaii Disability Rights Center.
Your Committee finds that new approaches are needed to address lingering issues surrounding mental health and the justice system. This measure amends the fitness-to-proceed examination process in an effort to expedite cases through the legal system, which will help alleviate overcrowding in hospitals and mental health facilities while ensuring timely evaluations.
Your Committee has amended this measure by:
(1) Specifying that in fitness-to-proceed examinations in felony cases, the court shall additionally receive a report from the treating clinician on a defendant's fitness-to-proceed;
(2) Removing provisions that increased the rate of compensation for persons making or assisting in fitness-to-proceed examinations;
(3) Changing the effective date to July 1, 3000, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 955, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 955, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Health,
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____________________________ GREGG TAKAYAMA, Chair |
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STAND. COM. REP. NO. 839
Honolulu, Hawaii
RE: S.B. No. 955
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred S.B. No. 955, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO FITNESS TO PROCEED,"
begs leave to report as follows:
The purpose and intent of this measure is to reduce overcrowding in the State's hospitals and mental health facilities and to expedite certain criminal cases through the legal system by amending the requirements for fitness-to-proceed examinations.
More specifically, the measure:
(1) Clarifies the term of a defendant's commitment to a hospital or mental health facility for purposes of a fitness-to-proceed examination;
(2) Increases the compensation for, and clarifies the types of professionals who may serve as, a private examiner for a fitness-to-proceed examination;
(3) Reduces from three to one the number of qualified examiners required for a fitness-to-proceed examination in a felony case; and
(4) Reduces penalties to be commensurate with the underlying offense for a person charged with a nonviolent petty misdemeanor who escapes from the custody of the Director of Health while awaiting a fitness-to-proceed examination.
Your Committee received written comments in support of this measure from the Department of Health and two individuals.
Your Committee received written comments in opposition to this measure from the Office of the Public Defender, Department of the Prosecuting Attorney for the City and County of Honolulu, Department of the Prosecuting Attorney for the County of Maui, Hawaii Psychological Association, and two individuals.
Your Committee received written comments on this measure from the Judiciary and Hawaii Correctional System Oversight Commission.
Your Committee finds that experiencing a lengthy wait for a fitness-to-proceed examination can be damaging to a criminal defendant's mental health. Your Committee believes that improving the efficiency of fitness-to-proceed examinations will help expedite the process and reduce overcrowding in hospitals, mental health facilities, and jails.
Your Committee has amended this measure by adopting amendments recommended by the Department of Health, specifically:
(1) Requiring the court to hold status hearings for a committed defendant no less than once per week at the Hawaii State Hospital; and
(2) Inserting a sunset date of December 31, 2026, for the proposed amendments to subsection 704-404(2), Hawaii Revised Statutes, to allow for a later reevaluation of these amendments.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 955, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 955, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
|
|
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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|
STAND. COM. REP. NO. 657
Honolulu, Hawaii
RE: S.B. No. 955
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Health and Human Services and Judiciary, to which was referred S.B. No. 955 entitled:
"A BILL FOR AN ACT RELATING TO FITNESS TO PROCEED,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Clarify the term of commitment for a defendant being held at a hospital or mental health facility for a fitness-to-proceed examination;
(2) Clarify who may serve as a qualified examiner;
(3) Reduce the number of qualified examiners required for a fitness-to-proceed examination in a felony case from three to two, unless the examiners disagree on the defendant's fitness;
(4) Establish the rate of compensation for conducting the examinations; and
(5) Establish a reduced penalty, except in certain circumstances, for a person who commits the offense of escape in the second degree while in the custody of the Director of Health.
Your Committees received testimony in support of this measure from the Department of Health, Office of the Public Defender, Hawaiʻi Association of Professional Nurses, and one individual.
Your Committees received testimony in opposition to this measure from the Judiciary and one individual.
Your Committees received comments on this measure from the Hawaii Correctional System Oversight Commission.
Your Committees find that it is vitally important to the health of residents and the efficient use of the State's health care resources that forensic mental health assessments are conducted in a timely and thorough manner. This measure reforms the State's forensic mental health assessment procedure to align with best practices in the field and alleviate systemic inefficiencies.
Your Committees have amended this measure by:
(1) Reducing the number of qualified examiners required for a fitness-to-proceed examination in a felony case from three to one, rather than two;
(2) Amending section 1 to reflect its amended purpose; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Health and Human Services and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 955, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 955, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Judiciary,
|
________________________________ KARL RHOADS, Chair |
|
________________________________ JOY A. SAN BUENAVENTURA, Chair |
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Date
|
Testimony PDF
|
|---|---|
| Mar 12, 2025 | SB955_SD2_TESTIMONY_HLT_03-12-25_.PDF |
| Feb 19, 2025 | SB955_SD1_TESTIMONY_WAM_02-19-25_.PDF |
| Feb 13, 2025 | SB955_TESTIMONY_HHS-JDC_02-13-25_.PDF |
Discussed in Hearing
21MIN
House Standing Committee on Health
25SEC
Senate Floor
14MIN
Senate Standing Committee on Health and Human Services
14MIN
Senate Standing Committee on Judiciary
Bill Author
