HOUSE OF REPRESENTATIVES |
H.B. NO. |
2011 |
TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 2 |
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO INVOLUNTARY PSYCHIATRIC HOSPITALIZATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part IV, to be appropriately designated and to read as follows:
"§334- Extended involuntary emergency treatment. (a) Persons subject to extended involuntary emergency treatment. Application for extended involuntary emergency treatment may be made for any person who is being treated pursuant to section 334-59 whenever the psychiatric facility determines that the need for emergency treatment is likely to extend beyond one hundred twenty hours. The application shall be filed in the appropriate court, and shall state the grounds on which extended involuntary emergency treatment is believed to be necessary. The application shall state the name of any examining physician and the substance of the physician's opinion regarding the mental condition of the person.
(b) Appointment of counsel and scheduling of informal hearing. Upon receiving the application, the court shall appoint an attorney who shall represent the person unless it shall appear that the person can afford, and desires to have, private representation. Within twenty-four hours after the application is filed, an informal hearing shall be conducted by a judge and, if practicable, shall be held at the psychiatric facility.
(c) Informal hearing on extended involuntary emergency treatment application.
(1) At the commencement of the informal hearing, the judge shall inform the person of the nature of the proceedings. Information relevant to whether the person is mentally ill, imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment shall be reviewed, including the reasons that continued involuntary treatment is considered necessary. The explanation shall be made by a physician who examined the person and shall be in terms understandable to a layperson. The judge may review any relevant information even if it would normally be excluded under rules of evidence if the judge believes that the information is reliable. The person or the person's representative shall have the right to ask questions of the physician and of any other witnesses and to present any relevant information. At the conclusion of the review, if the judge finds that the person is mentally ill, imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of continued involuntary treatment, the judge shall so certify. Otherwise, the judge shall direct that the facility administrator or designee discharge the person; and
(2) A record of the proceedings, which need not be a stenographic record, shall be made. The record shall be kept by the court for at least one year.
(d) Contents of certification. A certification for extended involuntary treatment shall be made in writing upon a form adopted by the department and shall include:
(1) Findings by the judge as to the reasons that extended involuntary emergency treatment is necessary;
(2) A description of the treatment to be provided together with an explanation of the adequacy and appropriateness of the treatment, based upon the information received at the hearing;
(3) Any documents required by section 334-59;
(4) The application filed pursuant to subsection (a);
(5) A statement that the person is represented by counsel; and
(6) An explanation of the effect of the certification and the person's continuing right to be represented by counsel.
(e) Filing and service. The certification shall be filed with the administrator of the facility and a copy served on the person, any other parties that the person requested to be notified pursuant to section 334-59(d), and on counsel.
(f) Effect of certification. Upon the filing and service of a certification for extended involuntary emergency treatment, the person may be given treatment in an approved facility for a period not to exceed four hundred eighty hours.
(g) Duration of extended involuntary emergency treatment. Whenever a person is no longer imminently dangerous to self or others, or gravely disabled, or obviously ill, or in need of care or treatment, and in, any event, within twenty days after the filing of the certification, the person shall be discharged, unless within the period:
(1) The person is admitted to voluntary treatment pursuant to section 334-60.1; or
(2) The court orders involuntary treatment pursuant to section 334-60.5."
SECTION 2. Section 334-60.3, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.3 Initiation of proceeding for court-ordered involuntary hospitalization. (a) Procedures for initiating court-ordered involuntary treatment for persons already subject to involuntary treatment. Petition for court-ordered involuntary treatment for persons already subject to treatment under sections 334-59 and 334- , may be made by the director or the administrator of the psychiatric facility to the court. The petition shall be in writing upon a form adopted by the department and shall include a statement of the facts constituting reasonable grounds to believe that the subject of the petition is mentally ill, is imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment. The petition shall state the name of any examining physician and the substance of the physician's opinion regarding the mental condition of the subject, and that the subject has been given the required information regarding the subject's rights. Upon the filing of the petition, the director shall serve a copy on the subject, the subject's attorney, and those designated to be kept informed, as provided in section 334-59, including an explanation of the nature of the proceedings and the subject's right to an attorney and the services of an expert in the field of mental health. A hearing on the petition shall be held in all cases, not more than ten days after the filing of the petition. Treatment shall be permitted to be maintained pending the determination of the petition.
Where a petition is filed for a person already subject to involuntary treatment, it shall be sufficient to represent, and upon hearing to reestablish, that the conduct originally required for emergency treatment in fact occurred, and that the person's condition continues to evidence the criteria for commitment.
(b) Procedures for initiating court-ordered
involuntary treatment for persons not in involuntary treatment. Any person
may file a petition alleging that a person located in the county not
already in involuntary treatment for whom application could be made meets
the criteria for commitment to a psychiatric facility. The petition shall
be in writing upon a form adopted by the department and shall set forth facts
constituting reasonable grounds to believe that the subject of the petition is
mentally ill, is imminently dangerous to self or others, or is gravely
disabled, or is obviously ill, and in need of care or treatment. The petition
shall state the name of any examining physician and the substance of the
physician's opinion regarding the mental condition of the subject of the
petition. The petition shall be executed subject to the penalties of
perjury but need not be sworn to before a notary public. The attorney general,
the attorney general's deputy, special deputy, or appointee designated to
present the case shall assist the petitioner to state the substance of the
petition in plain and simple language. The petition may be accompanied by a
certificate of the licensed physician or psychologist who has examined the [person]
subject within two days before submission of the petition, unless the [person]
subject whose commitment is sought has refused to submit to medical or
psychological examination, in which case the fact of refusal shall be alleged
in the petition. The certificate shall set forth the signs and symptoms relied
upon by the physician or psychologist to determine the [person] subject
is in need of care or treatment, [or both,] and whether or not the [person]
subject is capable of realizing and making a rational decision with
respect to the [person's] subject's need for treatment. If the
petitioner believes that further evaluation is necessary before commitment, the
petitioner may request [such] further evaluation.
[(b) In the event] If the
subject of the petition has been given an examination, evaluation, or treatment
in a psychiatric facility within five days before submission of the petition,
and hospitalization is recommended by the staff of the facility, the petition
may be accompanied by the administrator's certificate in lieu of a physician's
or psychologist's certificate.
Upon a determination that the petition sets forth reasonable cause, the court shall appoint an attorney to represent the subject of the petition and set a date for the hearing as soon as practicable. The attorney shall represent the subject unless it shall appear that the subject can afford, and desires to have, private representation.
The court, by summons, shall direct the subject to appear for a hearing. The court may issue a warrant directing a person authorized by the director or a police officer to bring the subject before the court at the time of the hearing if there are reasonable grounds to believe that the subject will not appear voluntarily. A copy of the petition shall be served on the subject at least three days before the hearing together with a notice advising the subject that an attorney has been appointed who shall represent the subject unless the subject obtains an attorney oneself, that the subject has a right to be assisted in the proceedings by an expert in the field of mental health, and that the subject may request or be made subject to psychiatric examination.
Upon motion of either the petitioner or the subject of the petition, or upon its own motion, the court may order the subject of the petition to be examined by a psychiatrist appointed by the court. The examination shall be conducted on an outpatient basis, and the subject shall have the right to have counsel present. A report of the examination shall be given to the court and counsel at least forty-eight hours prior to the hearing.
Involuntary treatment shall not be authorized during the pendency of a petition except as otherwise provided by law.
(c) The subject of the petition shall have and be informed of a right to employ a physician, clinical psychologist, or other mental health expert of the subject's choice to assist the subject in connection with the hearing and to testify on the subject's behalf. If the subject cannot afford to engage a mental health expert, the court, upon application, shall allow a reasonable fee for that purpose. The fee shall be a charge against the department."
SECTION 3. Section 334-60.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) [The time and form of the
procedure incident to hearing the issues in the petition shall be provided by
court rule.] Unless the hearing is waived, the judge shall hear the
petition as soon as possible and no later than ten days after the date the
petition is filed unless a reasonable delay is sought for good cause shown by
the subject of the petition, the subject's attorney, or those persons entitled
to receive notice of the hearing under section 334-60.4.
The time and form of the procedure incident to hearing the issues in the petition shall be determined by court rule, provided that:
(1) The subject shall have the right to counsel and to the assistance of a mental health expert;
(2) The subject shall not be called as a witness without the subject's consent;
(3) The subject shall have the right to confront and cross-examine all witnesses and to present evidence in the subject's own behalf;
(4) A stenographic or other sufficient record shall be made, which shall be kept by the court and may be obtained or examined only upon the request of the subject or the subject's counsel or by order of the court on good cause shown;
(5) The hearing shall be conducted by a judge and may be held at a location other than a courthouse when doing so appears to be in the best interest of the subject; and
(6) A decision shall be rendered within forty-eight hours after the close of evidence."
2. By amending subsection (d) to read:
"(d) Hearings may be held at any
convenient place within the circuit. The subject of the petition, any
interested person, or the court on its own motion may request a hearing in
another circuit because of convenience to the parties, witnesses, or the court
or because of the [individual's] subject's mental or physical
condition."
3. By amending subsection (i) to read:
"(i) If after hearing all relevant
evidence, including the result of any diagnostic examination ordered by the
court, the court finds that [an individual is not a person requiring] the
subject does not require medical, psychiatric, psychological, or other
rehabilitative treatment or supervision, the court shall order that the [individual]
subject be discharged if the [individual] subject has been
hospitalized prior to the hearing.
If the court finds that the criteria for
involuntary hospitalization under section 334-60.2(1) [has] have
been met beyond a reasonable doubt and that the criteria under [sections]
section 334-60.2(2) and 334-60.2(3) have been met by clear and
convincing evidence, the court may issue an order to any police officer to
deliver the subject to a facility that has agreed to admit the subject as an
involuntary patient, or if the subject is already a patient in a psychiatric
facility, authorize the facility to retain the patient for treatment for a
period of ninety days unless sooner discharged. Inpatient treatment shall
be deemed appropriate only after full consideration has been given to less
restrictive alternatives. Investigation of treatment alternatives shall
include consideration of the subject's relationship to the subject's community
and family, the subject's employment possibilities, all available community
resources, and guardianship services. An order of commitment shall include
findings on this issue. An order of commitment shall specify which of
those persons served with notice pursuant to section 334-60.4, together with [such]
any other persons as the court may designate, shall be entitled to
receive any subsequent notice of intent to discharge, transfer, or
recommit."
SECTION 4. Section 334-60.6, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.6 Period of detention. (a)
The psychiatric facility may detain a subject for a period of time ordered by
the court not to exceed ninety days from the date of admission unless
sooner discharged by the facility pursuant to section [334-76 or section
334-74.] 334-74 or 334-76. At the end of the ninety-day period,
the subject shall be discharged automatically except as provided in sections
704-406, 704-411, and 706-607, unless before expiration of the period and by a
proceeding initiated pursuant to section 334-60.3, the facility obtains
a court order for the subject's recommitment. Recommitment for a period not to
exceed ninety days may not be ordered unless the court determines that the
criteria for involuntary hospitalization set forth in section 334-60.2 continue
to exist. If at the end of a recommitment period the court finds that the
criteria for involuntary hospitalization set forth in section 334-60.2 continue
to exist and are likely to continue beyond ninety days, the court may order
recommitment for a period not to exceed one hundred eighty days.
(b) Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient, for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired, or where the patient is no longer a proper subject for commitment."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 7, 2059.
Report Title:
Mental Health; Involuntary Psychiatric Hospitalization
Description:
Establishes new procedures for the examination and involuntary hospitalization of persons that meet criteria for commitment to psychiatric facilities. Effective 1/7/2059. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.