Bill Text: HI SB2982 | 2016 | Regular Session | Introduced
Bill Title: Mental Health
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2016-02-09 - The committee on CPH deferred the measure. [SB2982 Detail]
Download: Hawaii-2016-SB2982-Introduced.html
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THE SENATE |
S.B. NO. |
2982 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-60.3, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.3 Initiation of proceeding
for involuntary hospitalization. (a) Any person may file a petition in
the family court alleging that a person located in the county meets the
criteria for commitment to a psychiatric facility. The petitioner shall
request for the alternative relief of assisted community treatment pursuant to
part VIII of this chapter and request that the family court order the
appropriate treatment alternative. 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, 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, advanced practice
registered nurse, 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, advanced
practice registered nurse, 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.
(b) In the event the subject of the petition has been given an examination, evaluation, or treatment in a psychiatric facility within five days before submission of the petition, and hospitalization or assisted community treatment pursuant to part VIII of this chapter is recommended by the staff of the facility, the petition may be accompanied by the administrator’s certificate in lieu of a physician’s or psychologist’s certificate."
SECTION 2. Section 334-60.4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The notice shall include the following:
(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and of possible consequences to the subject; and a statement of the legal standard upon which commitment is authorized;
(2) A copy of the petition;
(3) A written notice, in plain and simple language,
that the subject may waive [such a] the hearing by voluntarily
agreeing to hospitalization, or with the approval of the court, to some other
form of treatment;
(4) A filled-out form indicating [such] the
waiver;
(5) A written notice, in plain and simple language,
that the subject or the subject's guardian or representative may apply at any
time for a hearing on the issue of the subject's need for hospitalization, if
the subject has previously waived [such] a hearing;
(6) Notice that the subject is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;
(7) Notice that if the subject does not want to be represented by the public defender the subject may contact the subject's own attorney;
(8) Notice, if [such be the case,] applicable,
that the petitioner intends to adduce evidence to show that the subject of the
petition is an incapacitated or protected person, or both, under article V of
chapter 560, and whether or not appointment of a guardian is sought at the hearing.
If appointment of a guardian is to be recommended, and a nominee is known at
the time the petition is filed, the identity of the nominee shall be disclosed[.];
and
(9) Notice that the court may order the subject who meets the criteria established by section 334-121 to submit to assisted community treatment pursuant to part VIII of this chapter, if the court finds pursuant to section 334-60.5(i) that the individual does not require hospitalization for medical, psychiatric, psychological, or other rehabilitative treatment or supervision."
SECTION 3. Section 334-60.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
"(i) If after hearing all relevant
evidence, including the result of any diagnostic examination ordered by the
court, the court finds that an individual [is not a person requiring] does
not require hospitalization for medical, psychiatric, psychological, or
other rehabilitative treatment or supervision, the court shall [order]:
(1) Order that the individual be
discharged if the individual has been hospitalized prior to the hearing[.];
(2) Determine whether the individual meets the criteria for assisted community treatment pursuant to section 334-121; and
(3) Order the commencement of assisted community treatment as soon as practicable for an individual meeting the criteria."
SECTION 4. Section 334-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment. This petition may be initiated independently or as a request for alternative relief in a petition for involuntary hospitalization that is initiated pursuant to section 334-60.3. The petition shall state:
(1) Each of the criteria numbered (1) through (7) for assisted community treatment, as set out in section 334-121;
(2) Petitioner's good faith belief that the subject of the petition meets each of the criteria numbered (1) through (7) set forth in section 334-121;
(3) Facts which support petitioner's good faith belief that the subject of the petition meets each of the criteria numbered (1) through (7) set forth in section 334-121; and
(4) That the subject of the petition is present within the county where the petition is filed.
The hearing on the petition need not be limited to the facts stated in the petition. The petition shall be executed subject to the penalties of perjury."
SECTION 5. Act 221, Session Laws of Hawaii 2013, is amended by amending section 24 to read as follows:
"SECTION 24. This Act shall take effect
on January 1, 2014[, and shall be repealed on July 1, 2020}; provided
that:
(1) Petitions filed pursuant to section 334-123, Hawaii Revised Statutes, for assisted community treatment involving a designated mental health program that is a state-operated provider shall not be filed until after July 1, 2015;
(2) Any private provider wishing to file a petition pursuant to section 334-123, Hawaii Revised Statutes, for assisted community treatment may do so after January 1, 2014, using its own resources, if the petitioner is to be the designated mental health program; and
(3) Any interested party wishing to file a petition
pursuant to section 334-123, Hawaii Revised Statutes, for assisted community
treatment may do so after January 1, 2014, using the party's own resources, if
the designated mental health program is a private provider[; and
(4) The title of chapter 334, part VIII, and
sections 334‑1, 334-59, 334-60.2, 334-60.5, and 334-121 through 334-134,
Hawaii Revised Statutes, shall be reenacted in the form in which they read on
the day prior to the effective date of this Act]."
SECTION 6. Act 27, Session Laws of Hawaii 2015, is amended by amending section 6 to read as follows:
"SECTION 6. This Act shall take effect upon its approval[; provided that the amendments made to section 334-59, Hawaii
Revised Statutes, by section 2 of this Act shall not be repealed when section
334-59, Hawaii Revised Statutes, is reenacted on July 1, 2020, pursuant to
section 24 of Act 221, Session Laws of Hawaii 2013]."
SECTION 7. Act 231, Session Laws of Hawaii 2015, is amended by amending section 9 to read as follows:
"SECTION 9. This Act shall take effect upon its approval[; provided that the amendments made to sections 334-123, 334-125,
and 334-126, Hawaii Revised Statutes, by this Act shall not be repealed when
those sections are reenacted on July 1, 2020, pursuant to section 24, Act 221,
Session Laws of Hawaii 2013]."
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 12. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Mental Health
Description:
Requires the family court to consider assisted community treatment as an alternative to commitment to a psychiatric facility for a person subject to a petition for involuntary hospitalization.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
