Bill Text: HI SB2726 | 2010 | Regular Session | Amended
Bill Title: Time Frames to Regain Fitness to Proceed
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-04-21 - (S) Conference committee meeting to reconvene on 04-22-10 1:00PM in conference room 229. [SB2726 Detail]
Download: Hawaii-2010-SB2726-Amended.html
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THE SENATE |
S.B. NO. |
2726 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO TIME FRAMES TO REGAIN FITNESS 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 or non-violent misdemeanors. Among the states and the District of Columbia, Hawaii is one of only ten jurisdictions that do not specify the 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 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 as follows:
(a) When the defendant is charged with a petty misdemeanor other than an offense under chapter 707, 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 other than an offense under chapter 707, 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 of a defendant
charged with a petty misdemeanor other than an offense under chapter 707, shall
continue for no longer than sixty days, and the release of a defendant charged
with a misdemeanor other than an offense under chapter 707, 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 have been
adjudicated by the acceptance of a plea of guilty or no contest, a finding of
guilt, acquittal, acquittal pursuant to section 704-400, or by the entry of a
plea of guilty or no contest 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
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. 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 who is committed for a limited period, as provided in subsection (1), is not found fit to proceed prior to the expiration of the period of 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, or unless the court finds that the defendant requires involuntary civil commitment, in which case the court shall refer the matter for involuntary civil commitment proceedings pursuant to chapter 334. Within a reasonable time following any 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 who is released for a limited period, as provided in subsection (1), is not found fit to proceed prior to the expiration of the order of release on conditions, the charge for which the defendant was released 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 unless the court finds that the defendant requires involuntary civil commitment, in which case the court shall refer the matter for involuntary civil commitment proceedings pursuant to chapter 334. Within a reasonable time following any release 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, 2025.
Report Title:
Time Frames to Regain Fitness to Proceed
Description:
Establishes specific time frames for a commitment or release on conditions when unfit defendants are charged with non-violent petty misdemeanors (60 days) or non-violent misdemeanors (120 days). Effective July 1, 2025. (SB2726 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
