Bill Text: HI SB1022 | 2011 | Regular Session | Introduced
Bill Title: Involuntary Hospitalization for Sexually Violent Predators
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-24 - (S) Referred to HTH, JDL. [SB1022 Detail]
Download: Hawaii-2011-SB1022-Introduced.html
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THE SENATE |
S.B. NO. |
1022 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to involuntary hospitalization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility."
SECTION 2. Section 334-60.2, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.2 Involuntary hospitalization criteria. A person may be committed to a psychiatric facility for involuntary hospitalization, if the court finds:
(1) That the person is mentally ill [or],
suffering from substance abuse[;], or meets the criteria of a
sexually violent predator as defined in section 334-1;
(2) That the person is imminently dangerous to self or others, is gravely disabled or is obviously ill; and
(3) That the person is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs which would be less restrictive than hospitalization."
SECTION 3. Section 334-60.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person may file a petition
alleging that a person located in the county meets the criteria for commitment
to a psychiatric facility. The petition shall be executed subject to the
penalties of perjury but need not be sworn to before a notary public. The
attorney general, the attorney general’s deputy, special deputy, prosecuting
attorney of the appropriate county, or appointee designated to present the
case shall assist the petitioner to state the substance of the petition in
plain and simple language. The petition may be accompanied by a certificate of
the licensed physician or psychologist who has examined the person within two
days before submission of the petition, unless the person whose commitment is
sought has refused to submit to medical or psychological examination, in which
case the fact of refusal shall be alleged in the petition. The certificate
shall set forth the signs and symptoms relied upon by the physician or
psychologist to determine the person is in need of care or treatment, or both,
and whether or not the person is capable of realizing and making a rational
decision with respect to the person’s need for treatment. If the petitioner
believes that further evaluation is necessary before commitment, the petitioner
may request [such] further evaluation."
SECTION 4. Section 334-60.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (e) to read:
"(e) The attorney general, the attorney general's deputy, special deputy, prosecuting attorney of the appropriate county, or appointee shall present the case for hearings convened under this chapter, except that the attorney general, the attorney general's deputy, special deputy, prosecuting attorney of the appropriate county, or appointee need not participate in or be present at a hearing whenever a petitioner or some other appropriate person has retained private counsel who will be present in court and will present to the court the case for involuntary hospitalization."
2. By amending subsection (g) to read:
"(g) No individual may be found to
require treatment in a psychiatric facility unless at least one physician or
psychologist who has personally examined the individual testifies in person at
the hearing. No individual may be found to require treatment in a
psychiatric facility as a sexually violent predator unless at least one licensed
physician or psychologist who is an expert on sexually violent predators has
personally examined the individual and testifies in person at the hearing.
This testimony may be waived by the subject of the petition. If the subject of
the petition has refused to be examined by a licensed physician or
psychologist, the subject may be examined by a court-appointed licensed
physician or psychologist[.]; for purposes of determining whether the
subject is a sexually violent predator, the court-appointed licensed physician
or psychologist shall be an expert on sexually violent predators. If the
subject refuses and there is sufficient evidence to believe that the
allegations of the petition are true, the court may make a temporary order
committing the subject to a psychiatric facility for a period of not more than
five days for the purpose of a diagnostic examination and evaluation. The
subject's refusal shall be treated as a denial that the subject is mentally ill
or suffering from substance abuse. Nothing in this section, however, shall
limit the individual's privilege against self-incrimination."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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By Request |
Report Title:
Involuntary Hospitalization for Sexually Violent Predators
Description:
Permits involuntary hospitalization in a psychiatric facility of a sexually violent predator. Defines sexually violent predator.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
