Bill Text: HI HB2159 | 2024 | Regular Session | Amended
Bill Title: Relating To Mental Health.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled) 2024-05-03 - Transmitted to Governor. [HB2159 Detail]
Download: Hawaii-2024-HB2159-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2159 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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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. The purpose of this part is to require the department of the attorney general to assist with the preparation and filing of petitions for assisted community treatment and with the presentation of the case, unless declined by the petitioner.
SECTION 2. Section 334-121.5, Hawaii Revised Statutes, is amended to read as follows:
"§334-121.5
Examination for assisted community treatment indication. A
licensed psychiatrist or advanced practice registered nurse with prescriptive
authority and who holds an accredited national certification in an advanced
practice registered nurse psychiatric specialization associated with the
licensed psychiatric facility where a person is located who was committed to
involuntary hospitalization, delivered for emergency examination or emergency
hospitalization, or voluntarily admitted to inpatient treatment at a
psychiatric facility pursuant to part IV shall, before the person's discharge,
examine the person to determine whether an assisted community treatment plan is
indicated pursuant to this part. If a
plan is indicated, the psychiatrist or advanced practice registered nurse shall
prepare the certificate specified by section 334-123 [and may request
assistance from the department of the attorney general with the preparation and
filing of a petition brought pursuant to section 334-123]. The department of the attorney general
shall assist with the preparation and filing of any petition brought pursuant
to section 334-123 and with the presentation of the case at any related court
proceedings; provided that, if the petitioner is a private provider or other
private individual, the petitioner may decline the assistance. The psychiatric facility may notify another
mental health program for assistance with the coordination of care in the
community for the person. Nothing in
this section shall delay the appropriate discharge of a person from the
psychiatric facility after the examination for assisted community treatment
indication has been completed."
SECTION 3. Section 334-123, Hawaii Revised Statutes, is amended to read as follows:
"§334-123 Initiation of proceeding for assisted community treatment. (a) Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment. The petition shall state:
(1) Each of the criteria under section 334-121 for assisted community treatment;
(2) Petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334‑121;
(3) Facts that support the petitioner's good faith belief that the subject of the petition meets each of the criteria under 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 but need not be sworn to before a notary public.
(b) The department of the attorney general shall
assist with the preparation and filing of any petition brought pursuant to this
section and with the presentation of the case at any related court proceedings;
provided that, if the petitioner is a private provider or other private
individual, the petitioner may decline the assistance.
[(b)]
(c) The petition may be
accompanied by a certificate of a licensed psychiatrist or advanced practice
registered nurse with prescriptive authority and who holds an accredited
national certification in an advanced practice registered nurse psychiatric
specialization who has examined the subject of the petition within twenty
calendar days [prior to] before the filing of the petition. For purposes of the petition, an examination
shall be considered valid so long as the licensed psychiatrist or advanced
practice registered nurse with prescriptive authority and who holds an
accredited national certification in an advanced practice registered nurse
psychiatric specialization has obtained enough information from the subject of
the petition to reach a diagnosis of the subject of the petition, and to
express a professional opinion concerning the same, even if the subject of the
petition is not fully cooperative. If
the petitioner believes that further evaluation is necessary before treatment,
the petitioner may request further evaluation.
[(c)]
(d) The petition shall include
the name, address, and telephone number of at least one of the following
persons in the following order of priority:
the subject of the petition's spouse or reciprocal beneficiary, legal
parents, adult children, and legal guardian, if one has been appointed. If the subject of the petition has no living
spouse or reciprocal beneficiary, legal parent, adult children, or legal
guardian, or if none can be found, the petition shall include the name, address,
and telephone number of at least one of the subject's closest adult relatives,
if any can be found."
SECTION 4. Section 334-133, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Before the expiration of the period of
assisted community treatment ordered by the family court, any interested party
may file[, or may request the department of the attorney general to file,]
a petition with the family court for an order of continued assisted community
treatment. The department of the
attorney general shall assist with the preparation and filing of any petition
brought pursuant to this section and with the presentation of the case at any
related court proceedings; provided that, if the petitioner is a private
provider or other private individual, the petitioner may decline the
assistance. The petition shall be
filed, and unless the court determines the existence of a guardian, a guardian
ad litem appointed, and notice provided in the same manner as under sections
334-123 and 334-125."
SECTION 5. Act 221, Session Laws of Hawaii 2013, as amended by Act 114, Session Laws of Hawaii 2016, is amended by amending section 24 to read as follows:
"SECTION 24. This Act shall take effect on January 1, 2014; 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) After July 1, 2024, the department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to sections 334-123 and 334-133, Hawaii Revised Statutes, and with the presentation of the case at any related court proceedings; provided further that if the petitioner is a private provider or other private individual, the petitioner may decline the assistance."
PART II
SECTION 6. The purpose of this part is to repeal language entitling the subject of a petition for assisted community treatment to legal representation by a public defender.
SECTION 7. Section 802-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any indigent person who is:
(1) Arrested for, charged with, or convicted of an offense or offenses punishable by confinement in jail or prison or for which the person may be or is subject to the provisions of chapter 571;
(2) Threatened by confinement, against the
indigent person's will, in any psychiatric or other mental institution or
facility; or
[(3) The subject of a petition for
assisted community treatment under chapter 334; or
(4)] (3) The subject of a petition for
involuntary medical treatment under chapter 353,
shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if the interests of justice require, the court may appoint other counsel."
PART III
SECTION 8. The purpose of this part is to provide a mechanism for nonviolent petty misdemeanor defendants whose fitness to proceed in criminal proceedings remains an outstanding issue to be automatically screened for involuntary hospitalization or assisted community treatment.
SECTION 9. Section 704-421, Hawaii Revised Statutes, is amended to read as follows:
"[[]§704-421[]] Proceedings for defendants charged with petty
misdemeanors not involving violence or attempted violence; criminal justice
diversion program. (1)
In cases where the defendant is charged with a
petty misdemeanor not involving violence or attempted violence, if, at the
hearing held pursuant to section 704-404(2)(a) or at a further hearing held
after the appointment of an examiner pursuant to section 704-404(2)(b), the
court determines that the defendant is fit to proceed, then the proceedings
against the defendant shall resume. In
all other cases under this section where fitness remains an outstanding
issue, the court shall continue the suspension of the proceedings and either
commit the defendant to the custody of the director of health to be placed in a
hospital or other suitable facility, including an outpatient facility,
for further examination and assessment[.] or, in cases where the
defendant was not subject to an order of commitment to the director of health
for the purpose of the fitness examination under section 704-404(2), the court
may order that the defendant remain released on conditions the court determines
necessary for placement in a group home, residence, or other facility
prescribed by the director of health for further assessment by a clinical team
pursuant to subsection (3).
(2) [Within seven days from the commitment of
the defendant to the custody of the director of health, or as soon thereafter
as is practicable, the director of health] In cases under this section
where the defendant's fitness to proceed remains an outstanding issue at the
hearing held pursuant to section 704-404(2)(a) or a further hearing held after the
appointment of an examiner pursuant to section 704-404(2)(b), as applicable,
the director of health, within fourteen days of that hearing or as soon
thereafter as is practicable, shall report to the court on the following:
(a) The defendant's current capacity
to understand the proceedings against the defendant and the
defendant's current ability to assist in the defendant's own defense[.];
(b) Whether, after assessment of the
defendant pursuant to subsection (3)(a) or (b), the defendant's clinical team
believes that the defendant meets the criteria for involuntary hospitalization
under section 334-60.2 or assisted community treatment under section 334-121;
and
(c) The date that the director of health
filed a petition for involuntary hospitalization or assisted community
treatment on behalf of the defendant pursuant to subsection (3)(a) or (b), as
applicable.
If,
following the report, the court finds the defendant fit to proceed, the
proceedings against the defendant shall resume. In all other cases, the court shall dismiss
the charge with or without prejudice in the interest of justice. [The director of health may at any time
proceed under the provisions of section 334-60.2 or 334-121.]
(3) During the defendant's commitment to the
custody of the director of health or release on conditions pursuant to
subsection (1):
(a) If the
defendant's clinical team determines that the defendant meets the criteria for
involuntary hospitalization set forth in section 334-60.2, the director of health,
within seven days of the clinical team's determination, shall file with the
family court a petition for involuntary hospitalization pursuant to section 334‑60.3. If the petition is granted, the
defendant shall remain hospitalized for a period of time as provided by section
334-60.6; or
(b) If the defendant's clinical team
determines that the defendant does not meet the criteria for involuntary
hospitalization, or the court denies the petition for involuntary
hospitalization, the defendant's clinical team shall determine whether an
assisted community treatment plan is appropriate pursuant to part VIII of
chapter 334. If the clinical team
determines that an assisted community treatment plan is appropriate, the
psychiatrist or advanced practice registered nurse from the clinical team shall
prepare the certificate for assisted community treatment specified by section
334-123, including a written treatment plan for the provision of mental health
services to the defendant. The clinical
team shall identify a community mental health outpatient program that agrees to
provide mental health services to the defendant as the designated mental health
program under the assisted community treatment order. The clinical team shall provide the defendant
with a copy of the certificate. Within
ten days of provision of the certificate to the defendant by the clinical team,
the director of health shall file with the family court the assisted community
treatment petition described in section 334‑123. When a petition for assisted community
treatment has been filed for a defendant, the defendant committed to the
custody of the director of health shall remain in custody until the family
court issues a decision on the petition; provided that the judge may order that
the subject be released during the pendency of that action.
(4)
This section shall not apply to any case under the jurisdiction
of the family court unless the presiding judge orders otherwise."
PART IV
SECTION 11. Section 706-625, Hawaii Revised Statutes, is amended to read as follows:
"§706-625
Revocation, modification of probation conditions. (1) The court, on application of a probation
officer, the prosecuting attorney, the defendant, or on its own motion, after a
hearing, may revoke probation except as provided in [subsection] subsections
(6) and (7), reduce or enlarge the conditions of a sentence of probation,
pursuant to the provisions applicable to the initial setting of the conditions
and the provisions of section 706-627.
(2) The prosecuting attorney, the defendant's probation officer, and the defendant shall be notified by the movant in writing of the time, place, and date of any such hearing, and of the grounds upon which action under this section is proposed. The prosecuting attorney, the defendant's probation officer, and the defendant may appear in the hearing to oppose or support the application, and may submit evidence for the court's consideration. The defendant shall have the right to be represented by counsel. For purposes of this section, the court shall not be bound by the Hawaii rules of evidence, except for the rules pertaining to privileges.
(3) The court shall revoke probation if the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or has been convicted of a felony. The court may revoke the suspension of sentence or probation if the defendant has been convicted of another crime other than a felony.
(4) The court may modify the requirements imposed on the defendant or impose further requirements, if it finds that such action will assist the defendant in leading a law-abiding life.
(5) When the court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which the defendant was convicted.
[(6) As used in this section,
"conviction" means that a judgment has been pronounced upon the
verdict.
(7)]
(6) The court may require a defendant
to undergo and complete a substance abuse treatment program when the defendant
has committed a violation of the terms and conditions of probation involving
possession or use, not including to distribute or manufacture as defined in
section 712-1240, of any dangerous drug, detrimental drug, harmful drug,
intoxicating compound, marijuana, or marijuana concentrate, as defined in
section 712-1240, unlawful methamphetamine trafficking as provided in section
712-1240.6, or involving possession or use of drug paraphernalia under section
329-43.5. If the defendant fails to
complete the substance abuse treatment program or the court determines that the
defendant cannot benefit from any other suitable substance abuse treatment
program, the defendant shall be subject to revocation of probation and
incarceration. The court may require the
defendant to:
(a) Be assessed by a certified substance abuse counselor for substance abuse dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index;
(b) Present a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program;
(c) Contribute to the cost of the substance abuse treatment program; and
(d) Comply with any other terms and conditions of probation.
[As
used in this subsection, "substance abuse treatment program" means
drug or substance abuse treatment services provided outside a correctional
facility by a public, private, or nonprofit entity that specializes in treating
persons who are diagnosed with substance abuse or dependency and preferably
employs licensed professionals or certified substance abuse counselors.
Nothing
in this subsection shall be construed to give rise to a cause of action against
the State, a state employee, or a treatment provider.]
(7) As a condition of continued probation, the
court may require a defendant to undergo a mental health evaluation and
treatment program when the defendant has committed a violation of the terms and
conditions of probation and there is reason to believe that the violation is
associated with a mental disease, disorder, or defect of the defendant. The court may require the defendant to:
(a) Be assessed for a mental disease,
disorder, or defect by a psychiatrist or psychologist, who shall prepare an
appropriate treatment plan;
(b) Present a proposal to receive
treatment in accordance with the plan prepared pursuant to paragraph (a)
through a mental health treatment program that includes an identified source of
payment for the treatment program, as applicable;
(c) Contribute to the cost of the
treatment program, as applicable; and
(d) Comply with any other terms and
conditions of probation.
If
the defendant fails to complete the treatment program or the court determines
that the defendant cannot benefit from any other suitable treatment program,
the defendant may be subject to revocation of probation and incarceration.
(8) Nothing in subsection (6) or (7) shall be
construed to give rise to a cause of action against the State, a state
employee, or a treatment provider.
(9) For the purposes of this section:
"Conviction"
means that a judgment has been pronounced upon the verdict.
"Mental
health treatment program" means treatment services addressing a mental
disease, disorder, or defect of the defendant, including residential or
rehabilitation treatment or any other course or procedure, including diversion
into specialized courts.
"Substance
abuse treatment program" means drug or substance abuse treatment services
provided outside a correctional facility by a public, private, or nonprofit
entity that specializes in treating persons who are diagnosed with having
substance abuse or dependency and preferably employs licensed professionals or
certified substance abuse counselors."
PART V
SECTION 12. Section 334-126, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f)
The court may appoint an attorney for the subject if the court
determines that the interests of justice require one be appointed. If the subject of the petition is represented
by [their own] an attorney, whether retained by the subject or
appointed by the court, the attorney shall be allowed adequate time for
investigation of the matters at issue and for preparation, and shall be
permitted to present the evidence that the attorney believes necessary for a
proper disposition of the proceeding."
SECTION 13. Act 111, Session Laws of Hawaii 2017, is amended by amending section 8 to read as follows:
"SECTION
8. This Act shall take effect on July 1,
2017[, and shall be repealed on June 30, 2024; provided that subsection (a)
of section 334E-2, Hawaii Revised Statutes, as amended by section 3 of this
Act, shall be reenacted in the form in which it read on June 30, 2017]."
PART VI
SECTION 14. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect upon its approval; provided that section 13 shall take effect on June 29, 2024.
Report Title:
Assisted Community Treatment; Involuntary Hospitalization; Attorney General; Public Defender; Legal Representation; Nonviolent Defendants; Automatic Screenings; Probation Violators; Mental Health Treatment
Description:
Part I: requires the Department of the Attorney General to assist with the preparation and filing of petitions for assisted community treatment and with the presentation of the case, unless declined by the petitioner. Part II: repeals language entitling the subject of a petition for assisted community treatment to legal representation by a public defender. Part III: provides a mechanism for the automatic screening of certain nonviolent defendants for involuntary hospitalization or assisted community treatment. Part IV: authorizes courts to require certain probation violators to undergo a mental health evaluation and treatment program as a condition of continued probation. Part V: allows a court to appoint an attorney for the subject of a petition for assisted community treatment if the interests of justice require one be appointed and makes permanent the orders to treat over objection law in sections 334-161 and 334-162, HRS. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
