Report Title:
Conditional Release
Description:
Grants the director of health 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. (SD2)
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THE SENATE |
S.B. NO. |
3071 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 2 |
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STATE OF HAWAII |
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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 [released] granted conditional
release 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] a mental health
professional who is treating [any conditionally released] a
person granted conditional release 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.] person
granted conditional release. The probation officer may order the [conditionally
released] person granted conditional release 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 chapter 704, 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 the application.
[(2)] (3)
Any person [released] granted conditional release 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. If
the [determination of the] court [is adverse to] denies
the application, the person shall not be permitted to file [further] another
application for either discharge or modification of conditional release
until one year [has elapsed from] after the date of [any
preceding hearing on an application for modification of conditions of release
or for discharge.] the denial.
[(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.