Bill Text: HI HB1556 | 2020 | Regular Session | Introduced

Hawaii House Bill 1556 (Prior Session Legislation)

Introduced

Bill Title: Relating To Mental Health Examinations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB1556 Detail]

Download: Hawaii-2020-HB1556-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1556
THIRTIETH LEGISLATURE, 2019
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 there are a number of unmedicated mentally ill persons in the State who need to become stabilized before they are allowed into a shelter or a home. However, there is currently a shortage of beds in the community available to help these persons.

The state hospital in Kaneohe is currently used primarily to house persons who have been acquitted of criminal charges on the grounds of physical or mental disease, disorder, or defect pursuant to section 704-411, Hawaii Revised Statutes, or those who are awaiting a determination of whether they are fit to proceed with trial under section 704-404, Hawaii Revised Statutes.

The legislature finds that although there is a legitimate need to house acquitted persons within the state hospital, the State must determine a defendant's fitness to proceed in an expeditious manner. The adoption of such a policy will benefit all parties by preventing undue delay in the adjudication of the defendant's charges while also making efficient use of the department of health's limited facilities, potentially opening more beds that could be used to stabilize persons suffering from acute episodic psychosis, especially those among the State's homeless population.

The purpose of this Act is to:

(1) Prohibit a court from committing a person to a suitable facility for a mental health examination for more than thirty days;

(2) Provide that if the required examinations cannot be conducted within thirty days, the court shall determine whether the defendant is eligible for supervised pretrial release or should be remanded to the custody of the department of public safety; and

(3) Provide that the court has discretion to approve any agreement or stipulation of the parties to determine the fitness of a defendant to proceed with less than the number of required examinations.

SECTION 2. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) Upon suspension of further proceedings in the prosecution, the court shall appoint three qualified examiners in felony cases, and one qualified examiner in nonfelony cases, to examine and report upon the defendant's fitness to proceed. In felony cases, the court shall appoint as examiners at least one psychiatrist and at least one licensed psychologist. The third examiner may be a psychiatrist, licensed psychologist, or qualified physician. One of the three examiners shall be a psychiatrist or licensed psychologist designated by the director of health from within the department of health. In nonfelony cases, the court may appoint as examiners either a psychiatrist or a licensed psychologist. All examiners shall be appointed from a list of certified examiners as determined by the department of health. The court, in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted while the defendant is in custody or on release or, in the court's discretion, when necessary the court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the examination for a period not exceeding thirty days[~~, or a longer period as the court determines to be necessary for the purpose~~]. If all required examinations cannot be conducted within thirty days, the court shall determine whether the defendant is eligible for supervised pretrial release or remand the defendant to the custody of the department of public safety pending final adjudication of all charges. Notwithstanding any other provision of this section to the contrary, the court shall have continuing discretion to approve any agreement or stipulation of the parties to determine the fitness of a defendant to proceed with less than the number of required examinations under this section. The court may direct that one or more qualified physicians or psychologists retained by the defendant be permitted to witness the examination. As used in this section, the term "licensed psychologist" includes psychologists exempted from licensure by section 465-3(a)(3) and "qualified physician" means a physician qualified by the court for the specific evaluation ordered."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Mental Health Evaluations; Fitness to Proceed; Involuntary Commitment

Description:

Prohibits a court from committing a defendant to a suitable facility for a mental health examination for more than 30 days. Provides that if the required examinations cannot be conducted within 30 days, the court shall determine whether the defendant is eligible for supervised pretrial release or should be remanded to the custody of the Department of Public Safety. Provides that the court has continuing discretion to approve any agreement or stipulation of the parties to determine the fitness of a defendant to proceed with less than the number of required examinations.

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