Bill Text: HI HB1069 | 2011 | Regular Session | Amended
Bill Title: Effect of Finding of Unfitness to Proceed
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-05-20 - (S) Act 053, 5/19/2011 (Gov. Msg. No. 1155). [HB1069 Detail]
Download: Hawaii-2011-HB1069-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1069 |
TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 2 |
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO EFFECT OF FINDING OF UNFITNESS TO PROCEED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to amend the law governing the time frames for fitness restoration for persons charged with non-violent petty misdemeanors and for persons charged with non-violent misdemeanors. Among the states and the District of Columbia, Hawaii is one of only ten jurisdictions that do not specify a maximum number of days for fitness restoration. Forty-one jurisdictions mandate either a fixed time frame for fitness restoration (on average, ninety days for misdemeanor charges), a time frame equivalent to the maximum term of the sentence associated with the charge, or a combination of the two (a fixed time period or the time equivalent to the maximum sentence, whichever is less). These forty-one jurisdictions have seen dramatic decreases in the number of pretrial defendants hospitalized for fitness restoration who would otherwise not meet commitment criteria for hospital level of mental health care.
SECTION 2. Section 704-406, Hawaii Revised Statutes, is amended to read as follows:
"§704-406 Effect
of finding of unfitness to proceed. (1) If the court determines that the
defendant lacks fitness to proceed, the proceeding against the defendant shall
be suspended, except as provided in section 704-407, and the court shall commit
the defendant to the custody of the director of health to be placed in an
appropriate institution for detention, care, and treatment[.]; provided
that the commitment shall be limited in certain cases as follows:
(a) When the defendant is charged with a petty misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than sixty days from the date the court determines the defendant lacks fitness to proceed; and
(b) When the defendant is charged with a misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than one hundred twenty days from the date the court determines the defendant lacks fitness to proceed.
If the court is satisfied
that the defendant may be released on condition without danger to the defendant
or to the person or property of others, the court shall order the defendant's
release, which shall continue at the discretion of the court, on conditions the
court determines necessary[.]; provided that the release on
conditions of a defendant charged with a petty misdemeanor not involving
violence or attempted violence shall continue for no longer than sixty days,
and the release on conditions of a defendant charged with a misdemeanor not
involving violence or attempted violence shall continue for no longer than one
hundred twenty days. A copy of the report filed pursuant to section
704-404 shall be attached to the order of commitment or order of release on
conditions. When the defendant is committed to the custody of the director of
health for detention, care, and treatment, the county police departments shall
provide to the director of health and the defendant copies of all police
reports from cases filed against the defendant [which] that have
been adjudicated by the acceptance of a plea of guilty or [no contest,] nolo
contendere, a finding of guilt, acquittal, acquittal pursuant to section
704-400, or by the entry of a plea of guilty or [no contest] nolo
contendere made pursuant to chapter 853, so long as the disclosure to the
director of health and the defendant does not frustrate a legitimate function
of the county police departments[, with the exception of]; provided
that expunged records, records of or pertaining to any adjudication or
disposition rendered in the case of a juvenile, or records containing data from
the United States National Crime Information Center[.] shall not be
provided. The county police departments shall segregate or sanitize from
the police reports information that would result in the likelihood or actual
identification of individuals who furnished information in connection with the
investigation [of] or who were of investigatory interest.
Records shall not be re-disclosed except to the extent permitted by law.
(2) When the court, on its own motion or upon the application of the director of health, the prosecuting attorney, or the defendant, determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed, the penal proceeding shall be resumed. If, however, the court is of the view that so much time has elapsed since the commitment or release on conditions of the defendant that it would be unjust to resume the proceeding, the court may dismiss the charge and:
(a) Order the defendant to be discharged;
(b) Subject to the law governing the involuntary civil commitment of persons affected by physical or mental disease, disorder, or defect, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or
(c) Subject to the law governing involuntary outpatient treatment, order the defendant to be released on conditions the court determines necessary.
(3) If a defendant committed to the custody of the director of health for a limited period pursuant to subsection (1) is not found fit to proceed prior to the expiration of the commitment, the charge for which the defendant was committed for a limited period shall be dismissed. Upon dismissal of the charge, the defendant shall be released from custody unless the defendant is subject to prosecution for other charges, in which case, unless the defendant is subject to the law governing involuntary civil commitment, the court shall order the defendant's commitment to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other commitment under subsection (1), the director of health shall report to the court on whether the defendant presents a substantial likelihood of becoming fit to proceed in the future. The court, in addition, may appoint a panel of three qualified examiners in felony cases or one qualified examiner in nonfelony cases to make a report. If, following a report, the court determines that the defendant probably will remain unfit to proceed, the court may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to the law governing involuntary civil commitment, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment.
(4) If a defendant released on conditions for a limited period pursuant to subsection (1) is not found fit to proceed prior to the expiration of the release on conditions order, the charge for which the defendant was released on conditions for a limited period shall be dismissed. Upon dismissal of the charge, the defendant shall be discharged from the release on conditions unless the defendant is subject to prosecution for other charges or subject to the law governing involuntary civil commitment, in which case the court shall order the defendant's commitment to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other release on conditions under subsection (1), the court shall appoint a panel of three qualified examiners in felony cases or one qualified examiner in nonfelony cases to report to the court on whether the defendant presents a substantial likelihood of becoming fit to proceed in the future. If, following the report, the court determines that the defendant probably will remain unfit to proceed, the court may dismiss the charge and:
(a) Release the defendant; or
(b) Subject to the law governing involuntary civil commitment, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2011.
Report Title:
Effect of Finding of Unfitness to Proceed
Description:
Establishes specific time frames for a commitment or release on conditions when unfit defendants are charged with petty misdemeanors for sixty days, and non-violent misdemeanors for one hundred twenty days. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.