Bill Text: HI HB1686 | 2016 | Regular Session | Amended
Bill Title: Mental Health Treatment; Involuntary Hospitalization
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-09 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Tupola excused (1). [HB1686 Detail]
Download: Hawaii-2016-HB1686-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1686 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH TREATMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that part IV of chapter 334, Hawaii Revised Statutes, includes procedures authorizing any person to petition a court to commit another person in the same county to a psychiatric facility under certain limited circumstances. Pursuant to section 334-60.3(a), Hawaii Revised Statutes, the petition may be accompanied by a certificate from a medical professional that describes the symptoms justifying the need for treatment and stating whether the person is capable of realizing and making a rational decision with respect to the person's need for treatment. Pursuant to section 334-60.5(g), Hawaii Revised Statutes, no person may be found to require treatment in a psychiatric facility unless at least one medical professional who has personally examined the person testifies in person at the hearing on the petition.
The respondent to the petition for involuntary hospitalization may be committed to a psychiatric facility if the court finds all of the following criteria under section 334-60.2, Hawaii Revised Statutes:
(1) That the respondent is mentally ill or suffering from substance abuse;
(2) That the respondent is imminently dangerous to self or others; and
(3) That the respondent is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs that would be less restrictive than hospitalization.
"Dangerous to self" and "dangerous to others" are defined in section 334-1, Hawaii Revised Statutes, as collectively meaning that the respondent recently has:
(1) Threatened or attempted suicide or serious bodily harm to self;
(2) Behaved in such a manner as to indicate that the respondent is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, shelter or self-protection, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease to self will result unless adequate treatment is afforded; or
(3) Engaged in an act, attempt, or threat that makes the respondent likely to do substantial physical or emotional injury on another.
These definitions are consistent with the criteria for involuntary commitment applied in most other states that require a finding of danger to self or others, using a standard of a serious or substantial risk, likelihood, or probability of harm. However, the standard in Hawaii is that of an "imminent" danger to self or others. In the few states that operate under that threshold for involuntary commitment, it is possible for the respondent to be discharged from the proceedings, even if harm is virtually certain to occur in the future, if the respondent does not exhibit any signs of immediate danger during the involuntary commitment proceedings.
The purpose of this Act is to facilitate involuntary hospitalizations and other forms of treatment for the protection of mentally ill individuals and the public, by defining the term "imminently dangerous to self or others" to mean that, without intervention, the person will likely remain dangerous within the next ninety days.
SECTION 2. Section 334-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Imminently dangerous to self or others" means that, without intervention, the person will likely remain dangerous to the person's self or others within the next ninety days."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2070.
Report Title:
Mental Health Treatment; Involuntary Hospitalization
Description:
Defines "imminently dangerous to self or others" to mean that, without intervention, the person will likely remain dangerous to the person's self or others within the next ninety days. (HB1686 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
