Bill Text: HI SB1179 | 2013 | Regular Session | Amended

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Bill Title: Correctional Facilities; Court Orders to Provide Medical Treatment for Inmates and Detainees

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-03-15 - Passed Second Reading and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Mizuno, Oshiro, Takai excused (3). [SB1179 Detail]

Download: Hawaii-2013-SB1179-Amended.html

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STAND. COM. REP. NO.  985

 

Honolulu, Hawaii

                , 2013

 

RE:   S.B. No. 1179

      S.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committee on Public Safety, to which was referred S.B. No. 1179, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO COURT ORDERS TO PROVIDE MEDICAL TREATMENT FOR INMATES AND DETAINEES IN CORRECTIONAL FACILITIES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend existing law relating to court orders to provide medical treatment for inmates and detainees in correctional facilities.  Specifically, this measure:

      

     (1)  Adds definitions of "danger of physical harm to others" and "danger of physical harm to self";

 

     (2)  Provides for the filing of a petition for involuntary medical treatment in either the district or circuit court;

 

     (3)  Allows for a declaration of the need for involuntary medical treatment to be filed with the petition for involuntary medical treatment as an alternative to an affidavit;

 

     (4)  Changes the time within which a person must be examined from two to five days prior to the filing of a petition for involuntary medical treatment;

     (5)  Clarifies the list of persons who are required to be notified of the hearing on the petition for involuntary medical treatment;

 

     (6)  Expands the court's ability to continue the hearing on the petition for involuntary medical treatment for good cause;

 

     (7)  Provides the court greater flexibility in appointing a guardian ad litem or temporary guardian to represent the individual in proceedings for the petition for involuntary medical treatment; and

 

     (8)  Clarifies the effective expiration date of the order for persons who return to custody after release.

 

     The Department of the Attorney General and Department of Public Safety supported this measure.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1179, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Public Safety,

 

 

		____________________________ HENRY J.C. AQUINO, Chair