SB2463

SECTION 1. The purpose of this part is to:

(1) Provide for the examination of defendants through telehealth; and

(2) Appropriate funds to provide additional job positions and resources for the implementation of this Act.

SECTION 2. Chapter 704, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§704- Examination of defendants via telehealth. (1) An examiner who is appointed by the court under section 704-404, may conduct an examination of a defendant via telehealth pursuant to this chapter.

(2) Examination of a defendant pursuant to subsection (1) may be conducted via telehealth at any facility under the jurisdiction of the director of health, the director of law enforcement, or the chief justice.

(3) Each facility shall establish procedures regarding the provision and use of telehealth resources at appropriate facilities. The procedures shall ensure the widest availability of telehealth resources feasible at appropriate facilities.

(4) For purposes of this section, "telehealth" means the provision of healthcare or examination remotely by means of telecommunications technology by a healthcare professional or examiner in accordance with the requirements of section 453‑1.3."

SECTION 3. Section 704-421, Hawaii Revised Statutes, is amended to read as follows:

"[[]§704-421[]] Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program. (1) In cases where the defendant is charged with a petty misdemeanor not involving violence or attempted violence, if, at the hearing held pursuant to section 704-404(2)(a) or at a further hearing held after the appointment of an examiner pursuant to section 704-404(2)(b), the court determines that the defendant is fit to proceed, then the proceedings against the defendant shall resume. In all other cases under this section where fitness remains an outstanding issue, the court shall continue the suspension of the proceedings and either commit the defendant to the custody of the director of health to be placed in a hospital or other suitable facility for further examination and assessment[.] or, in cases where the defendant is not imminently dangerous to their self or others and need not be committed to the director of health for the purpose of the fitness examination under section 704-404(2), the court may order that the defendant be released on terms and conditions.

(2) [~~Within seven days from the commitment of the defendant to the custody of the director of health, or as soon thereafter as is practicable, the director of health~~] In cases under this section where the defendant's fitness to proceed remains an outstanding issue at the hearing held pursuant to section 704-404(2)(a) or a further hearing held after the appointment of an examiner pursuant to section 704-404(2)(b), as applicable, the director of health, within fourteen days of the hearing or as soon thereafter as is practicable, shall report to the court on the defendant's current capacity to understand the proceedings against the defendant and defendant's current ability to assist in the defendant's own defense. If, following the report, the court finds defendant fit to proceed, the proceedings against defendant shall resume. In all other cases, the court shall dismiss the charge with or without prejudice in the interest of justice. [~~The director of health may at any time proceed under the provisions of section 334-60.2 or 334-121.~~]"

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2024-2025 for additional job positions and resources for the implementation of this part.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

PART II

SECTION 5. The purpose of this part is to authorize the department of health to implement behavioral health crisis centers to provide intervention and stabilization services for persons experiencing a mental illness or substance use disorder crisis, including a dedicated first responder drop-off area for potential clients.

SECTION 6. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part I be appropriately designated and to read as follows:

"§334 Behavioral health crisis centers. (a) Pursuant to the authority and functions established under sections 334‑2.5(a)(3)(B) and 334-3(a)(5), the director may establish or contract with behavioral health crisis centers to provide care, diagnosis, or treatment for persons experiencing a mental illness or substance use disorder crisis.

(b) Each behavioral health crisis center established or contracted with pursuant to this section shall:

(1) Screen, assess, admit, refer, or redirect a person experiencing a mental illness or substance use disorder crisis;

(2) Provide assessment and support for the person's medical stability while at the crisis center;

(3) Accept walk-ins and referrals and provide services regardless of the person's ability to pay, subject to subsection (c);

(4) Provide services while open to the public for services; and

(5) Offer a dedicated first responder drop-off area.

(c) No person shall be denied services or receive delayed services at a behavioral health crisis center operating under this section because of inability to pay.

(d) Subject to section 334-6, crisis centers shall make every reasonable effort to collect appropriate reimbursement for the cost of providing services from persons able to pay for services, insurance, or third-party payors.

(e) The director shall adopt rules pursuant to section 334-9 to implement this section, including rules specifying standards for behavioral health crisis center eligibility criteria, clinical procedures, staffing requirements, and operational, administrative, and financing requirements."

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $6,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the director of health to establish or contract with behavioral health crisis centers pursuant to this part.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

PART III

SECTION 8. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2463
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII