THE SENATE	S.B. NO.	2631
THIRTIETH LEGISLATURE, 2020		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE MENTAL HEALTH OF DEFENDANTS.

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 be appropriately designated and to read as follows:

"§334-   Referral to diversion program or treatment court related to mental health. (a) Where a judge has reason to believe that the defendant has an untreated serious and persistent mental health illness that does not meet the criteria of section 704-404, the judge may confer with the counsel for the State and defendant regarding referral to an appropriate diversion program or treatment court.

(b) After conferring with the counsel, the judge may refer the defendant to a diversion program or treatment court as the judge deems appropriate.

(c) This section shall not apply to defendants covered by section 704-404."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2020.

Report Title:

Mental Health; Criminal Defendants; Diversion Program; Treatment Court

Description:

Permits judicial discretion for referral to a diversion program or treatment court should the defendant have serious and persistent mental health illness. (SD1)

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