Bill Text: HI HB637 | 2024 | Regular Session | Introduced
Bill Title: Relating To Mandatory Psychiatric Evaluation After Arrest.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB637 Detail]
Download: Hawaii-2024-HB637-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
637 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Mandatory Psychiatric Evaluation After Arrest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many of the houseless people arrested are dealing with mental illness. The police do not have the training or authority to evaluate the arrestee's mental capacity. This act would require a trained social worker, or psychiatrist, to evaluate the mental health of the individual and connect the arrestee to supportive services.
SECTION 2. Section 803-9, Hawaii Revised Statutes, is amended to read as follows:
"§803-9 Examination after arrest; rights of arrested person. (a) It shall be unlawful in any case of arrest for examination:
(1) To deny to the person so arrested the right of seeing, at reasonable intervals and for a reasonable time at the place of the person's detention, counsel or a member of the arrested person's family;
(2) To unreasonably refuse or fail to make a reasonable effort, where the arrested person so requests and prepays the cost of the message, to send a telephone, cable, or wireless message through a police officer or another than the arrested person to the counsel or member of the arrested person's family;
(3) To deny to counsel, whether retained by the arrested person or a member of the arrested person's family, or to a member of the arrested person's family, the right to see or otherwise communicate with the arrested person for a reasonable period at the place of the arrested person's detention:
(A) At any time for a first communication after the arrest; and
(B) At reasonable intervals thereafter;
(4) In case the person arrested has requested that the person see an attorney or member of the person's family, to examine the person before the person has had a fair opportunity to see and consult with the attorney or member of the person's family;
(5) To fail, within forty-eight hours of the arrest of a person on suspicion of having committed a crime, either to release or to charge the arrested person with a crime and take the arrested person before a qualified magistrate for examination.
(b)
After the arrest of a homeless person, the arresting officer shall contact the
department of health's Hawai'i CARES line to get a social worker, or
psychiatrist, assigned to the arrestee.
The assigned worker will conduct a mandatory mental health screening for
the homeless arrestee, and will provide supportive services as needed."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Required mental health evaluation for arrested houseless persons.
Description:
Mandatory mental health screening for arrested persons who are houseless. Supportive services provided by social worker or psychiatrist, doing the evaluation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
