Report Title:
Director of Health; Conditional Release; Discharge
Description:
Authorizes the director of health to apply for the discharge, or modification, of an order granting conditional release to a person who is no longer affected by a physical or mental disease, disorder, or defect.
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THE SENATE |
S.B. NO. |
2260 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature, Regular Session 2006, adopted Senate Concurrent Resolution No. 117, SD1, HD1, which requested the Governor to convene a task force to evaluate and recommend possible procedural, statutory, and public policy changes to minimize the census at Hawaii state hospital and to promote community-based health services for forensic patients.
After two years of considerable research and evaluation, the S.C.R. 117 Task Force submitted its recommendations to the legislature. These recommendations focus on the importance of ensuring that improved mental health services are provided to those in need and to efficiently graduate those who have successfully benefited from the services provided.
The purpose of this Act is to effectuate the S.C.R. 117 Task Force recommendation to increase procedural efficiency for conditional release discharge by authorizing the director of health to apply for the discharge from conditional release for a person who is no longer affected by a physical or mental disease, disorder, or defect and may be discharged without danger to the person or to others.
SECTION 2. Section 704-413, Hawaii Revised Statutes, is amended to read as follows:
"§704-413 Conditional release;
application for modification or discharge; termination of conditional release
and commitment. (1) Any person released pursuant to section 704-411 shall
continue to receive mental health or other treatment and care deemed
appropriate by the director of health until discharged from conditional
release. The person shall follow all prescribed treatments and take all
prescribed medications according to the instructions of the person's treating
mental health professional. If any mental health professional treating any
conditionally released person believes either the person is not complying with
the requirements of this section or there is other evidence that
hospitalization is appropriate, the mental health professional shall report the
matter to the probation officer of the conditionally released person. The
probation officer may order the conditionally released person to be
hospitalized for a period not to exceed seventy-two hours if the probation
officer has probable cause to believe the person has violated the requirements
of this subsection. No person shall be hospitalized beyond the seventy-two
hour period, as computed pursuant to section 1-29, unless a hearing has been
held pursuant to subsection [(3).] (4).
(2) If the director of health is of the opinion that any conditionally released person is no longer affected by a physical or mental disease, disorder, or defect and may be discharged, or the order may be modified, without danger to the person or to others, the director shall apply for the discharge of the conditional release of the person in a report to the court ordering the conditional release. A copy of the application and report shall be submitted to the prosecuting attorney of the county from which the person was committed. The person shall be given notice of the application.
[(2)] (3) Any person released
pursuant to section 704-411 may apply to the court ordering the conditional
release for discharge from, or modification of, the order granting conditional
release on the ground that the person is no longer affected by a physical or
mental disease, disorder, or defect and may be discharged, or the order may be
modified, without danger to the person or to others. The application shall be
accompanied by a letter from or supporting affidavit of a qualified physician
or licensed psychologist. A copy of the application and letter or affidavit
shall be transmitted to the prosecuting attorney of the circuit from which the
order issued and to any persons supervising the release, and the hearing on the
application shall be held following notice to such persons. If the determination
of the court is adverse to the application, the person shall not be permitted
to file further application until one year has elapsed from the date of any
preceding hearing on an application for modification of conditions of release
or for discharge.
[(3)] (4) If, at any time after
the order pursuant to section 704-411 granting conditional release, the court
determines, after hearing evidence, that:
(a) The person is still affected by a physical or mental disease, disorder, or defect, and the conditions of release have not been fulfilled; or
(b) For the safety of the person or others, the person's conditional release should be revoked,
the court may forthwith modify the conditions of release or order the person to be committed to the custody of the director of health, subject to discharge or release only in accordance with the procedure prescribed in section 704-412."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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