Report Title:
Conditional Release
Description:
Grants the Director of the Department of Health (DOH) the authority to apply for discharge from conditional release (CR) or modification of the CR order for any patient in a mental health facility served by the DOH directly or through a contracted provider.
|
THE SENATE |
S.B. NO. |
3071 |
|
TWENTY-FOURTH LEGISLATURE, 2008 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CONDITIONAL RELEASE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 conditionally released pursuant to
section 704-411, or section 704-412, 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) The director of health may apply to the court ordering any persons released pursuant to section 704-411, or section 704-412, for the person's discharge from, or modification of, the order granting conditional release; provided that the person receives community-based mental health services from or contracted by the department of health, and the director is of the opinion that the person on conditional release 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 make application for the discharge from, or modification of the order of conditional release in a report to the court. The director shall transmit a copy of the application and report to the prosecuting attorney of the county from which the conditional release order was made, to the person's treating mental health professionals, and to the probation officer supervising the conditional release. The person on conditional release shall be given notice of such application.
[(2)]
(3) Any person conditionally released pursuant to section
704-411, or section 704-412, 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, to the person's treating mental health
professionals, and to [any persons]
the probation officer supervising the conditional release, and
the hearing on the application shall be held following notice to such persons.
[(3)] (4) If, at any time after
the order pursuant to section 704-411, or section 704-412, 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 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.
|
INTRODUCED BY: |
_____________________________ |
|
|
BY REQUEST |