Bill Text: HI SB1319 | 2019 | Regular Session | Introduced

Hawaii Senate Bill 1319 (Prior Session Legislation)

Introduced

Bill Title: Relating To Crisis Intervention.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2019-01-28 - Referred to CPH, JDC/WAM. [SB1319 Detail]

Download: Hawaii-2019-SB1319-Introduced.html

THE SENATE	S.B. NO.	1319
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to crisis intervention.

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

SECTION 1. The legislature finds that thousands of people in Hawaii are cited or arrested for offenses such as drinking liquor in public, being in public parks after the hours of closure, and camping on sidewalks, beaches, and other restricted public places. Many of those cited do not come to court, which leads to the issuance of bench warrants for their arrest. Time and resources are wasted bringing these individuals to court, resulting in the court system, prosecutors, and police involved in a continuous revolving door situation.

The legislature further finds that this cycle of arrests and court cases does not address the underlying cause � that many of these individuals suffer from some form of mental illness. Establishing a diversion program, whereby mentally ill individuals are diverted from the judicial system into the health care system, is an appropriate first step in ensuring that these individuals are able to receive much needed mental health care.

The purpose of this Act is to:

(1) Enable trained crisis intervention team officers to determine if an individual meets the criteria for emergency examination or hospitalization;

(2) Authorize crisis intervention team officers to transport an individual experiencing a mental health crisis to a crisis center for further evaluation and potential placement in a mental health program; and

(3) Appropriate funds for the development of a crisis intervention team program designed for responding to individuals in a mental health crisis or in danger of experiencing a drug or alcohol overdose.

SECTION 2. Section 334-1, Hawaii Revised Statutes, is amended as follows:

1. By adding two new definitions to be appropriately inserted and to read:

""Crisis center" means a clinic or psychiatric urgent care center which offers immediate attention to people in a mental health crisis and people who are in the process of or in danger of experiencing a drug or alcohol overdose.

"Crisis intervention team officer" means an officer who has been trained to recognize and communicate with a person suffering from a mental health crisis."

2. By amending the definition of "dangerous to self" to read:

""Dangerous to self" means the person recently has:

(1) Threatened or attempted suicide or serious bodily harm; or

(2) Behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, shelter or self-protection[~~, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease will result unless adequate treatment is afforded~~]."

SECTION 3. Section 334-59, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§334-59 Emergency examination and hospitalization[.]; mental health program. (a) Initiation of proceedings. An emergency admission may be initiated as follows:

(1) If a law enforcement officer has reason to believe that a person is imminently dangerous to self or others, the officer shall call for assistance first from a crisis intervention team officer who shall respond to the initial officer's location, or, if the crisis intervention team officer is not available, from the mental health emergency workers designated by the director. Upon determination by the crisis intervention team officer or the mental health emergency workers that the person is imminently dangerous to self or others, the person shall be transported by ambulance or other suitable means, to a licensed psychiatric facility or a crisis center designated by the director for further evaluation and for placement in a mental health program or possible emergency hospitalization. A law enforcement officer may also take into custody and transport to any facility designated by the director any person threatening or attempting suicide. The officer shall make application for the examination, observation, and diagnosis of the person in custody. The application shall state or shall be accompanied by a statement of the circumstances under which the person was taken into custody and the reasons therefor which shall be transmitted with the person to a physician, advanced practice registered nurse, or psychologist at the facility.

(2) Upon written or oral application of any licensed physician, advanced practice registered nurse, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee in the course of employment, a judge may issue an ex parte order orally, but shall reduce the order to writing by the close of the next court day following the application, stating that there is probable cause to believe the person is mentally ill or suffering from substance abuse, is imminently dangerous to self or others and in need of care or treatment, or both, giving the findings upon which the conclusion is based. The order shall direct that a law enforcement officer or other suitable individual take the person into custody and deliver the person to a designated mental health program, if subject to an assisted community treatment order issued pursuant to part VIII of this chapter, or to the nearest facility designated by the director for emergency examination and treatment, or both. The ex parte order shall be made a part of the patient's clinical record. If the application is oral, the person making the application shall reduce the application to writing and shall submit the same by noon of the next court day to the judge who issued the oral ex parte order. The written application shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.

(3) Any licensed physician, advanced practice registered nurse, physician assistant, or psychologist who has examined a person and has reason to believe the person is:

(A) Mentally ill or suffering from substance abuse;

(B) Imminently dangerous to self or others; and

may direct transportation, by ambulance or other suitable means, to a licensed psychiatric facility for further evaluation and possible emergency hospitalization. A licensed physician, an advanced practice registered nurse, or physician assistant may administer treatment as is medically necessary, for the person's safe transportation. A licensed psychologist may administer treatment as is psychologically necessary."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 as a grant-in-aid to the city and county of Honolulu to enable the Honolulu police department to develop and implement a crisis intervention team program, including the hiring of necessary staff; the designation of a crisis center to act as a clearing house for referrals of persons experiencing a mental health crisis or a drug or alcohol overdose crisis; and the retention of crisis intervention team officers specifically trained to recognize a person in crisis.

The sums appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2019.

INTRODUCED BY:	_____________________________

Report Title:

Mental Health; Crisis Intervention; Crisis Intervention Team Officer; Appropriation

Description:

Defines "crisis center" and "crisis intervention team officer". Enables crisis intervention team officers to determine if an individual meets the criteria for emergency examination or hospitalization. Authorizes crisis intervention team officers to transport an individual experiencing a mental health crisis to a crisis center. Appropriates funds as a grant-in-aid for the development of a crisis intervention team program.

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