THE SENATE	S.B. NO.	2681
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII

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 defendants; transfer to a correctional facility. (1)  Upon application of the director of health in written agreement with the director of public safety, and after a hearing if a hearing is requested, a court may order the transfer of a defendant who has been committed to the custody of the director of health, pursuant to section 704-406, to a correctional facility if the court determines that the defendant:

(a) No longer requires an inpatient level of psychiatric care; provided that:

(i) The defendant's mental health needs can be adequately addressed at a correctional facility; and

(ii) The defendant is not ordered released on bail or on the defendant's own recognizance;

(b) No longer requires an inpatient level of psychiatric care but is not otherwise suitable for discharge into a less restrictive community or residential treatment setting; or

(c) Requires stricter security than can be provided 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 consult with the correctional facility to create an adequate mental health plan for any defendant transferred pursuant to this section.

(3)  If a defendant transferred to a correctional facility pursuant to this section requires an inpatient level of psychiatric care, the defendant may be returned to a facility under the control of the director of health, pursuant to a court order, or as a resident in need of treatment as provided under section 334-74.

(4)  If there is an active order obtained by the director of health authorizing involuntary administration of psychiatric medication to the defendant, then at the time the defendant is ordered to be transferred to a correctional facility pursuant to subsection (1), the court may modify the order to permit the administration of psychiatric medication in the correctional facility for the duration of the term of the order."

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.

Report Title:

Penal Responsibility; Mental Health; Hawaii State Hospital

Description:

Allows for persons committed to the custody of the director of health to be transferred to correctional facilities under certain conditions.  (SD2)

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