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THE SENATE |
S.B. NO. |
2681 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to DEFENDANTS COMMITTED TO the CUSTODY OF the DIRECTOR OF HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 704, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§704- Committed persons; transfer to a correctional facility. (1) Any person committed to the custody of the director of health pursuant to section 704-406, 704-411(1), or 704-413(3), may be transferred to a correctional facility as determined by the director of public safety, when, upon the filing of a petition by the director of health, the court of original jurisdiction finds that:
(a) The person no longer requires inpatient clinical support and the person's mental health needs can be adequately addressed at a correctional facility;
(b) The person no longer requires inpatient clinical support but is not otherwise suitable for discharge into a less restrictive community or residential treatment setting; or
(c) The person requires stricter security than can be provided for at the Hawaii state hospital or other facility designated by the director of health.
(2) The director of health or the director's designee shall work with the correctional facility in creating an adequate mental health plan for any person transferred pursuant to this section.
(3) Should the clinical needs of any person transferred to a correctional facility pursuant to this section require inpatient clinical support services, that person may be recommitted to a facility under the control of the director of health pursuant to a court order, as a pretrial detainee or resident in need of treatment.
(4) Nothing in this section shall prohibit the director of public safety from transferring a person to an out-of-state correctional facility pursuant to section 353-16.2."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. 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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Report Title:
Penal Responsibility; Mental Health; Hawaii State Hospital
Description:
Allows for the transfer of persons committed to the custody of the director of health to be transferred to correctional facilities under certain conditions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.