Bill Text: HI HB786 | 2019 | Regular Session | Amended


Bill Title: Relating To Mental Health Examinations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2019-03-05 - Referred to CPH, JDC. [HB786 Detail]

Download: Hawaii-2019-HB786-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

786

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MENTAL HEALTH EXAMINATIONS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that a significant number of admissions (fifty-eight per cent in 2017) to the Hawaii State Hospital in Kaneohe are of persons who, pursuant to section 704-406, Hawaii Revised Statutes, have been found unfit to proceed and committed to the custody of the director of health for detention, care, and treatment.  The legislature further finds that a significant number of those admissions (one hundred fifteen out of one hundred eighty-five in 2017) are of persons whose charges do not include murder in the first or second degree, attempted murder in the first or second degree, or a class A felony, and who under section 704-406(3), Hawaii Revised Statutes, may be re-examined under a one-panel examination rather than a three panel.

     The legislature also finds that for cases that do not include murder in the first or second degree, attempted murder in the first or second degree, or a class A felony, and for whom a one-panel examination has been ordered, a fitness finding does not always occur in an expeditious or timely manner.

     Accordingly, the purpose of this Act is to require the department of health to submit a report on its findings and recommendations, including any proposed legislation, on procedures to improve and expedite mental health evaluations of specific defendants to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020.

     SECTION 2.  (a)  The department of health shall submit a report on its findings and recommendations, including any proposed legislation, on improving and expediting mental health evaluations of specific defendants to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020.

     (b)  The report shall include proposed legislation that:

     (1)  Ensures that at the time of the hearing to order the fitness re-examination of a defendant, the courts and the department of health consider all relevant and available information, such as time needed for treatment and examination, in determining and coordinating an appropriate return date for the court to hear the panel examination results; and

     (2)  Encourages the courts and the department of health to take all appropriate actions in the above described admissions to minimize continuances and other delays where the examination findings suggest that the defendant is fit to proceed.

     (c)  The report shall also include:

     (1)  Data on the length of time persons whose charges do not include murder in the first or second degree, attempted murder in the first or second degree, or a class A felony, and who under section 704-406(3), Hawaii Revised Statutes, are re-examined under a one-panel examination are in the custody of the director of health up to the time that judicial determination of fitness has occurred; and

     (2)  Any additional data that the department of health considers relevant.

     SECTION 3.  This Act shall take effect upon its approval.


 


 

Report Title:

Mental Health Evaluations; Fitness to Proceed; Involuntary Commitment

 

Description:

Requires the Department of Health to submit a report on improving and expediting mental health evaluations of specific defendants.  (HB786 HD1)

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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