HRS 0704-0413 ANNOTATIONS

What has been said in the commentary to §704-412 applies with equal force to applications, by a person released on condition, for discharge or for modification of conditions of release. The criterion of dangerousness is still applicable.

Subsection (2) limits the time during which a person released on condition remains subject to recommitment.

Act 189, Session Laws 1983, added a new subsection (1) which requires continued psychological or psychiatric treatment of persons conditionally released after being committed pursuant to section 704-411. Assurance of continued treatment was felt necessary for the safety and welfare of both the community and the person conditionally released. This section was further amended to provide for the recommittal of persons conditionally released or the modification of the conditions of their release. Senate Conference Committee Report No. 26.

Act 305, Session Laws 1988, included licensed psychologists among the professionals which may provide offender examination services to the Hawaii criminal justice system. The legislature stated that the present laws, which permit only psychiatric evaluation, are inconsistent with the many and varied uses the court has found for the services of licensed psychologists. Senate Standing Committee Report No. 2153.

Act 306, Session Laws 1997, amended this section to require that any person released on condition pursuant to §704-411 shall receive mental health or other appropriate treatment and care until discharged from conditional release. The amendment streamlines the process for committing and releasing mentally incompetent defendants. Senate Standing Committee Report No. 98.