Bill Text: HI HB2068 | 2020 | Regular Session | Amended

Hawaii House Bill 2068 (Prior Session Legislation)

HI State Legislature page for HB2068

Bill Title: Relating To The Administration Of Justice.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Engrossed - Dead) 2020-03-13 - The committee on CPH deferred the measure. [HB2068 Detail]

Download: Hawaii-2020-HB2068-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2068
THIRTIETH LEGISLATURE, 2020		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE ADMINISTRATION OF JUSTICE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that for those defendants who commit non-violent class C felonies but are found unfit to proceed, there is no time limit as to how long these defendants must remain in the custody or under the supervision of the department of health. As such, these defendants could end up being in the custody or under the supervision of the department of health for a longer period than the term of incarceration would have been if they had been convicted of the non-violent class C felony.

The legislature further finds that there is a shortage of personnel in the department of health as well as a severe shortage of licensed psychiatrists and mental health social workers. As such, care must be taken to ensure that the State's finite resources are used to provide the utmost care and supervision for those defendants who have a propensity for violent behavior due to mental illness rather than keeping non-violent defendants committed longer than necessary.

The purpose of this Act is to limit the period of commitment to the department of health of defendants charged with class C felonies that do not involve violence or attempted violence.

SECTION 2. Section 704-406, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) If the court determines that the defendant lacks fitness to proceed, the proceeding against the defendant shall be suspended, except as provided in section 704-407, and the court shall commit the defendant to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; provided that the commitment shall be limited in certain cases as follows:

(a) When the defendant is charged with a petty misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than sixty days from the date the court determines the defendant lacks fitness to proceed; [~~and~~]

(b) When the defendant is charged with a misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than one hundred twenty days from the date the court determines the defendant lacks fitness to proceed[.]; and

(c) When a defendant is charged with a class C felony not involving violence or attempted violence, the commitment shall be limited to no longer than days from the date the court determines the defendant lacks fitness to proceed.

If the court is satisfied that the defendant may be released on conditions without danger to the defendant or to another or risk of substantial danger to property of others, the court shall order the defendant's release, which shall continue at the discretion of the court, on conditions the court determines necessary; provided that the release on conditions of a defendant charged with a petty misdemeanor not involving violence or attempted violence shall continue for no longer than sixty days, and the release on conditions of a defendant charged with a misdemeanor not involving violence or attempted violence shall continue for no longer than one hundred twenty days. A copy of all reports filed pursuant to section 704-404 shall be attached to the order of commitment or order of release on conditions that is provided to the department of health. When the defendant is committed to the custody of the director of health for detention, care, and treatment, the county police departments shall provide to the director of health and the defendant copies of all police reports from cases filed against the defendant that have been adjudicated by the acceptance of a plea of guilty or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to section 704-400, or by the entry of a plea of guilty or nolo contendere made pursuant to chapter 853; provided that the disclosure to the director of health and the defendant does not frustrate a legitimate function of the county police departments; provided further that expunged records, records of or pertaining to any adjudication or disposition rendered in the case of a juvenile, or records containing data from the United States National Crime Information Center shall not be provided. The county police departments shall segregate or sanitize from the police reports information that would result in the likely or actual identification of individuals who furnished information in connection with the investigation or who were of investigatory interest. No further disclosure of records shall be made except as provided by law."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

Report Title:

Non-violent Class C Felony; Lack of Fitness to Proceed; Commitment

Description:

Limits the period of DOH commitment for those defendants charged with a non-violent class C felony and found to be unfit to proceed under chapter 704, HRS. Effective 7/1/2050. (HD2)

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