Bill Text: HI SB145 | 2018 | Regular Session | Amended
Bill Title: Relating To Examinations Of Fitness To Proceed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-01-17 - Re-referred to HHS/PBS, JUD, referral sheet 1 [SB145 Detail]
Download: Hawaii-2018-SB145-Amended.html
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THE SENATE |
S.B. NO. |
145 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EXAMINATIONS OF FITNESS TO PROCEED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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. 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] may be [committed]
transferred to a hospital or other suitable facility, pursuant to
section 334-74 regarding transfer of residents of correctional facilities, or
pursuant to any agreements entered into between the department of health and
the department of public safety regarding transfer of detainees of community
correctional centers, 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]. 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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Fitness to Proceed; Examination; Department of Health
Description:
Clarifies provisions regarding examinations of defendants' fitness to proceed in the prosecution. Authorizes the department of health and department of public safety to enter into an agreement concerning the transfer of detainees in a community correctional center. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
