Bill Text: HI SB2430 | 2012 | Regular Session | Introduced
Bill Title: Mental Health; Involuntary Psychiatric Hospitalization
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to HTH/JDL, WAM. [SB2430 Detail]
Download: Hawaii-2012-SB2430-Introduced.html
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THE SENATE |
S.B. NO. |
2430 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INVOLUNTARY PSYCHIATRIC hospitalization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 334, part IV, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§334- Extended involuntary emergency treatment. (a) Persons subject to extended involuntary emergency treatment. Application for extended involuntary emergency treatment may be made for any person who is being treated pursuant to section 334-59 whenever the psychiatric facility determines that the need for emergency treatment is likely to extend beyond one hundred twenty hours. The application shall be filed in the appropriate court, and shall state the grounds on which extended emergency treatment is believed to be necessary. The application shall state the name of any examining physician and the substance of the physician's opinion regarding the mental condition of the person.
(b) Appointment of counsel and scheduling of informal hearing. Upon receiving the application, the court shall appoint an attorney who shall represent the person unless it shall appear that the person can afford, and desires to have, private representation. Within twenty-four hours after the application is filed, an informal hearing shall be conducted by a judge or a mental health worker designated by the director and, if practicable, shall be held at the facility.
(c) Informal hearing on extended emergency treatment application.
(1) At the commencement of the informal hearing, the judge or the mental health worker designated by the director shall inform the person of the nature of the proceedings. Information relevant to whether the person is mentally ill or suffering from substance abuse, imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment shall be reviewed, including the reasons that continued involuntary treatment is considered necessary. The explanation shall be made by a physician who examined the person and shall be in terms understandable to a layperson. The judge or mental health worker may review any relevant information even if it would normally be excluded under rules of evidence if the judge or mental health worker believes that the information is reliable. The person or the person's representative shall have the right to ask questions of the physician and of any other witnesses and to present any relevant information. At the conclusion of the review, if the judge or mental health worker finds that the person is mentally ill or suffering from substance abuse, imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of continued involuntary treatment, the judge or mental health worker shall so certify. Otherwise, the judge or mental health worker shall direct that the facility administrator or designee discharge the person; and
(2) A record of the proceedings, which need not be a stenographic record, shall be made. The record shall be kept by the court or mental health worker for at least one year.
(d) Contents of certification. A certification for extended involuntary treatment shall be made in writing upon a form adopted by the department and shall include:
(1) Findings by the judge or mental health worker as to the reasons that extended involuntary emergency treatment is necessary;
(2) A description of the treatment to be provided together with an explanation of the adequacy and appropriateness of the treatment, based upon the information received at the hearing;
(3) Any documents required by section 334-59;
(4) The application filed pursuant to subsection (a);
(5) A statement that the person is represented by counsel; and
(6) An explanation of the effect of the certification, the person's right to petition the court for release under subsection (g), and the continuing right to be represented by counsel.
(e) Filing and service. The certification shall be filed with the administrator of the facility and a copy served on the person, any other parties that the person requested to be notified pursuant to section 334-59(d), and on counsel.
(f) Effect of certification. Upon the filing and service of a certification for extended involuntary emergency treatment, the person may be given treatment in an approved facility for a period not to exceed twenty days.
(g) Petition to court for review. In all cases in which the hearing was conducted by a mental health worker, a person made subject to treatment pursuant to this section shall have the right to petition the court for review of the certification. A hearing shall be held within seventy-two hours after the petition is filed, unless a continuance is requested by the person's counsel. The hearing shall include a review of the certification and any evidence that the court may receive or require. If the court determines that further involuntary treatment is necessary and that the procedures prescribed by this part have been followed, the court shall deny the petition. Otherwise, the person shall be discharged.
(h) Duration of extended involuntary emergency treatment. Whenever a person is no longer imminently dangerous to self or others, or gravely disabled, or obviously ill, or in need of care or treatment, and in, any event, within twenty days after the filing of the certification, the person shall be discharged, unless within the period:
(1) The person is admitted to voluntary treatment pursuant to section 334-60.1; or
(2) The court orders involuntary treatment pursuant to section 334-60.5."
SECTION 2. Section 334-59, Hawaii Revised Statutes, is amended to read as follows:
"§334-59 [Emergency examination and
hospitalization.] Involuntary emergency examination and treatment.
[(a) Initiation of proceedings. An emergency admission may be initiated as
follows:
(1) If a police officer has reason to
believe that a person is imminently dangerous to self or others, or is gravely
disabled, or is obviously ill, the officer shall call for assistance from the
mental health emergency workers designated by the director. Upon determination
by the mental health emergency workers that the person is imminently dangerous
to self or others, or is gravely disabled, or is obviously ill, the person
shall be transported by ambulance or other suitable means, to a licensed
psychiatric facility for further evaluation and possible emergency
hospitalization. A police 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 or psychologist at the facility.
(2) Upon written or oral application of any
licensed physician, 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, or
is gravely disabled, or is obviously ill, and in need of care or treatment, or
both, giving the findings on which the conclusion is based, and directing that
a police officer or other suitable individual take the person into custody and
deliver the person to the nearest facility designated by the director for
emergency examination and treatment. 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, 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, or is gravely disabled, or is obviously ill; and
(C) In need of care or treatment;
may direct transportation, by ambulance or
other suitable means, to a licensed psychiatric facility for further evaluation
and possible emergency hospitalization. A licensed physician 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.]
(a) Application for examination. Emergency examination may be undertaken at a psychiatric facility upon the certification of a physician stating the need for the examination; upon a warrant issued by the director authorizing the examination; or without a warrant upon application by a physician or other authorized person who has personally observed conduct showing the need for the examination as follows:
(1) Warrant for emergency examination. Upon written application by a physician or other responsible party setting forth facts constituting reasonable grounds to believe a person is mentally ill or suffering from substance abuse, is imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment, the director may issue a warrant requiring an individual authorized by the director, or any police officer, to take the person to the facility specified in the warrant; or
(2) Emergency examination without a warrant. Upon personal observation of the conduct of a person constituting reasonable grounds to believe that the person is mentally ill or suffering from substance abuse, is imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment, a physician or police officer, or any individual authorized by the director may take the person to an approved psychiatric facility for an emergency examination. Upon arrival, the physician, police officer, or other authorized individual shall make a written statement setting forth the grounds for believing the person to be in need of the examination.
(b) Emergency examination[.] and
determination of need for emergency treatment. A patient who is [delivered
for emergency examination and treatment] taken to a facility
designated by the director shall be examined by a licensed physician [without
unnecessary delay, and may be given such treatment as is indicated by good
medical practice. A psychiatrist or psychologist may further examine the
patient to diagnose the presence or absence of a mental disorder, assess the
risk that the patient may be dangerous to self or others, or is gravely
disabled, or is obviously ill, and assess whether or not the patient needs to
be hospitalized.] within two hours of arrival in order to determine if
the patient is mentally ill or suffering from substance abuse, is imminently
dangerous to self or others, or is gravely disabled, or is obviously ill, and
in need of care or treatment. If it is determined that the patient is mentally
ill or suffering from substance abuse, is imminently dangerous to self or
others, or is gravely disabled, or is obviously ill, and in need of care or
treatment, treatment shall be begun immediately.
(c) Release from emergency examination. If
the physician [who performs the emergency examination, in consultation with
a psychologist if applicable, concludes that the patient need not be
hospitalized, the patient shall be discharged immediately] does not make
a determination that treatment is needed, pursuant to subsection (b), or if at
any time it appears there is no longer a need for immediate treatment, the patient
shall be discharged and returned to a place as the patient may reasonably direct,
unless the patient is under criminal charges, in which case the patient shall
be returned to the custody of a law enforcement officer. The physician
shall make a record of the examination and the physician's findings. In no
event shall a person be accepted for involuntary emergency treatment if a
previous application was granted for the treatment and the new application is
not based on behavior occurring after the earlier application.
[(d) Emergency hospitalization. If the
physician or the psychologist who performs the emergency examination has reason
to believe that the patient is:
(1) Mentally ill or suffering from
substance abuse;
(2) Imminently dangerous to self or others,
or is gravely disabled, or is obviously ill; and
(3) In need of care or treatment, or both;
the physician or the psychologist may direct that
the patient be hospitalized on an emergency basis or cause the patient to be
transferred to another psychiatric facility for emergency hospitalization, or
both. The patient shall have the right immediately upon admission to telephone
the patient’s guardian or a family member including a reciprocal beneficiary,
or an adult friend and an attorney. If the patient declines to exercise that
right, the staff of the facility shall inform the adult patient of the right to
waive notification to the family including a reciprocal beneficiary, and shall
make reasonable efforts to ensure that the patient’s guardian or family including
a reciprocal beneficiary, is notified of the emergency admission but the
patient’s family including a reciprocal beneficiary, need not be notified if
the patient is an adult and requests that there be no notification. The
patient shall be allowed to confer with an attorney in private.]
(d) Notification of rights at emergency examination. Upon arrival at the psychiatric facility, the patient shall be informed of the reasons for the emergency examination and of the right to communicate immediately with others. The patient shall be allowed reasonable use of the telephone. The patient shall be requested to provide the names of parties that the patient may want notified of the patient's custody and kept informed of the patient's status. The director or the administrator of the facility shall:
(1) Give notice to the parties of the whereabouts and status of the patient, how and when the patient may be contacted and visited, and how they may obtain information concerning the patient while the patient is in inpatient treatment; and
(2) Take reasonable steps to ensure that while the patient is detained, the health and safety needs of any of the patient's dependents are met, and that the patient's personal property and the premises the patient occupies are secure.
(e) [Release from emergency
hospitalization. If at any time during the period of emergency hospitalization
the responsible physician concludes that the patient no longer meets the
criteria for emergency hospitalization the physician shall discharge the
patient.] Duration of emergency examination and treatment. A patient
who is in treatment pursuant to this section shall be discharged whenever it is
determined that the patient no longer is in need of treatment. If the
patient is under criminal charges, the patient shall be returned to the custody
of a law enforcement officer. In any event, the patient must be released
within [forty-eight] one hundred twenty hours of the patient’s
admission, unless within that period the patient voluntarily agrees to
further hospitalization, or a proceeding for court-ordered evaluation or
hospitalization, or both, is initiated as provided in section 334-60.3[.]
or a certification for extended involuntary emergency treatment is filed
pursuant to section 334- . If that time expires on a Saturday, Sunday,
or holiday, the time for initiation is extended to the close of the next court
day. Upon initiation of the proceedings, the facility shall be
authorized to detain the patient until further order of the court."
SECTION 3. Section 334-60.3, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.3 Initiation of proceeding for court-ordered involuntary hospitalization. (a) Procedures for initiating court-ordered involuntary treatment for persons already subject to involuntary treatment. Petition for court-ordered involuntary treatment for persons already subject to treatment under sections 334-59 and 334- , may be made by the director or the administrator of the psychiatric facility to the court. The petition shall be in writing upon a form adopted by the department and shall include a statement of the facts constituting reasonable grounds to believe that the subject of the petition is mentally ill or suffering from substance abuse, is imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment. The petition shall state the name of any examining physician and the substance of the physician's opinion regarding the mental condition of the subject, and that the subject has been given the required information regarding the subject's rights. Upon the filing of the petition, the director shall serve a copy on the subject, the subject's attorney, and those designated to be kept informed, as provided in section 334-59, including an explanation of the nature of the proceedings and the subject's right to an attorney and the services of an expert in the field of mental health. A hearing on the petition shall be held in all cases, not more than five days after the filing of the petition. Treatment shall be permitted to be maintained pending the determination of the petition.
Where a petition is filed for a person already subject to involuntary treatment, it shall be sufficient to represent, and upon hearing to reestablish, that the conduct originally required for emergency treatment in fact occurred, and that the person's condition continues to evidence the criteria for commitment.
(b) Procedures for initiating court-ordered
involuntary treatment for persons not in involuntary treatment. Any person
may file a petition alleging that a person located in the county not
already in involuntary treatment for whom application could be made meets
the criteria for commitment to a psychiatric facility. The petition shall
be in writing upon a form adopted by the department and shall set forth facts
constituting reasonable grounds to believe that the subject of the petition is
mentally ill or suffering from substance abuse, is imminently dangerous to self
or others, or is gravely disabled, or is obviously ill, and in need of care or treatment.
The petition shall state the name of any examining physician and the substance
of the physician's opinion regarding the mental condition of the subject of the
petition. The petition shall be executed subject to the penalties of
perjury but need not be sworn to before a notary public. The attorney general,
the attorney general’s deputy, special deputy, or appointee designated to
present the case shall assist the petitioner to state the substance of the
petition in plain and simple language. The petition may be accompanied by a
certificate of the licensed physician or psychologist who has examined the [person]
subject within two days before submission of the petition, unless the [person]
subject whose commitment is sought has refused to submit to medical or
psychological examination, in which case the fact of refusal shall be alleged
in the petition. The certificate shall set forth the signs and symptoms relied
upon by the physician or psychologist to determine the [person] subject
is in need of care or treatment, [or both,] and whether or not the [person]
subject is capable of realizing and making a rational decision with
respect to the [person’s] subject's need for treatment. If the
petitioner believes that further evaluation is necessary before commitment, the
petitioner may request [such] further evaluation.
[(b) In the event] If the
subject of the petition has been given an examination, evaluation, or treatment
in a psychiatric facility within five days before submission of the petition,
and hospitalization is recommended by the staff of the facility, the petition
may be accompanied by the administrator’s certificate in lieu of a physician’s
or psychologist’s certificate.
Upon a determination that the petition sets forth reasonable cause, the court shall appoint an attorney to represent the subject of the petition and set a date for the hearing as soon as practicable. The attorney shall represent the subject unless it shall appear that the subject can afford, and desires to have, private representation.
The court, by summons, shall direct the subject to appear for a hearing. The court may issue a warrant directing a person authorized by the director or a police officer to bring the subject before the court at the time of the hearing if there are reasonable grounds to believe that the subject will not appear voluntarily. A copy of the petition shall be served on the subject at least three days before the hearing together with a notice advising the subject that an attorney has been appointed who shall represent the subject unless the subject obtains an attorney oneself, that the subject has a right to be assisted in the proceedings by an expert in the field of mental health, and that the subject may request or be made subject to psychiatric examination.
Upon motion of either the petitioner or the subject of the petition, or upon its own motion, the court may order the subject of the petition to be examined by a psychiatrist appointed by the court. The examination shall be conducted on an outpatient basis, and the subject shall have the right to have counsel present. A report of the examination shall be given to the court and counsel at least forty-eight hours prior to the hearing.
Involuntary treatment shall not be authorized during the pendency of a petition except as otherwise provided by law.
(c) The subject of the petition shall have and be informed of a right to employ a physician, clinical psychologist, or other mental health expert of the subject's choice to assist the subject in connection with the hearing and to testify on the subject's behalf. If the subject cannot afford to engage a mental health expert, the court, upon application, shall allow a reasonable fee for that purpose. The fee shall be a charge against the department."
SECTION 4. Section 334-60.4, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.4 Notice; waiver of notice;
hearing on petition; waiver of hearing on petition for involuntary
hospitalization. (a) The court shall set a hearing on the petition and
notice of the time and place of [such] the hearing shall be
served in accordance with, and to those persons specified in, a current order
of commitment. If there is no current order of commitment, notice of the
hearing shall be served personally on the subject of the petition and served
personally or by certified or registered mail, return receipt requested,
deliverable to the addressee only, on the subject's spouse [or],
reciprocal beneficiary, or civil union partner, 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, or
civil union partner, legal parent [and], or adult children,
or if none can be found, notice of the hearing shall be served on at least one
of the subject's closest adult relatives if any can be found. Notice of the
hearing shall also be served on the public defender, attorney for the subject
of the petition, or other court-appointed attorney as the case may be. If the
subject of the petition is a minor, notice of the hearing shall also be served
upon the person who has had the principal care and custody of the minor during
the sixty days preceding the date of the petition if [such] that
person can be found within the State. Notice shall also be given to [such]
any other persons as the court may designate.
(b) The notice shall include the following:
(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and of possible consequences to the subject; and a statement of the legal standard upon which commitment is authorized;
(2) A copy of the petition;
(3) A written notice, in plain and simple language,
that the subject may waive [such a] the hearing by voluntarily
agreeing to hospitalization, or with the approval of the court, to some other
form of treatment;
(4) A filled-out form indicating [such] the
waiver;
(5) A written notice, in plain and simple language,
that the subject or the subject's guardian or representative may apply at any
time for a hearing on the issue of the subject's need for hospitalization, if
the subject has previously waived [such] a hearing;
(6) Notice that the subject is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;
(7) Notice that if the subject does not want to be represented by the public defender, the subject may contact the subject's own attorney; and
(8) Notice, [if such be the case,] if
applicable, that the petitioner intends to adduce evidence to show that the
subject of the petition is an incapacitated or protected person, or both, under
article V of chapter 560, and whether or not appointment of a guardian is
sought at the hearing. If appointment of a guardian is to be recommended, and
a nominee is known at the time the petition is filed, the identity of the
nominee shall be disclosed.
(c) If the subject executes and files a waiver
of the hearing, upon acceptance by the court following a court determination
that the [person] subject understands the [person's] subject's
rights and is competent to waive them, the court shall order the subject to be
committed to a facility that has agreed to admit the subject as an involuntary
patient or, if the subject is at [such] a facility, that the subject be
retained there."
SECTION 5. Section 334-60.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) The court may adjourn or continue a
hearing for failure to timely notify a spouse [or], reciprocal
beneficiary, or civil union partner, guardian, relative, or other person
determined by the court to be entitled to notice, or for failure by the subject
to contact an attorney as provided in section 334-60.4(b)(7) if the court
determines the interests of justice so require.
(b) [The time and form of the procedure
incident to hearing the issues in the petition shall be provided by court rule.]
Unless the hearing is waived, the judge shall hear the petition as soon as
possible and no later than ten days after the date the petition is filed unless
a reasonable delay is sought for good cause shown by the subject of the
petition, the subject's attorney, or those persons entitled to receive notice
of the hearing under section 334-60.4.
The time and form of the procedure incident to hearing the issues in the petition shall be determined by court rule, provided that:
(1) The subject shall have the right to counsel and to the assistance of a mental health expert;
(2) The subject shall not be called as a witness without the subject's consent;
(3) The subject shall have the right to confront and cross-examine all witnesses and to present evidence in the subject's own behalf;
(4) The hearing shall be public unless it is requested to be private by the subject or the subject's counsel;
(5) A stenographic or other sufficient record shall be made, which shall be kept by the court and may be obtained or examined only upon the request of the subject or the subject's counsel or by order of the court on good cause shown;
(6) The hearing shall be conducted by a judge and may be held at a location other than a courthouse when doing so appears to be in the best interest of the subject; and
(7) A decision shall be rendered within forty-eight hours after the close of evidence."
2. By amending subsection (d) to read:
"(d) Hearings may be held at any
convenient place within the circuit. The subject of the petition, any
interested person, or the court on its own motion may request a hearing in
another circuit because of convenience to the parties, witnesses, or the court
or because of the [individual's] subject's mental or physical
condition."
3. By amending subsection (i) to read:
"(i) If after hearing all relevant
evidence, including the result of any diagnostic examination ordered by the
court, the court finds that [an individual is not a person requiring] the
subject does not require medical, psychiatric, psychological, or other rehabilitative
treatment or supervision, the court shall order that the [individual] subject
be discharged if the [individual] subject has been hospitalized
prior to the hearing.
If the court finds that the criteria for
involuntary hospitalization under section 334-60.2(1) [has] have
been met beyond a reasonable doubt and that the criteria under [sections]
section 334-60.2(2) and 334-60.2(3) have been met by clear and
convincing evidence, the court may issue an order to any police officer to
deliver the subject to a facility that has agreed to admit the subject as an
involuntary patient, or if the subject is already a patient in a psychiatric
facility, authorize the facility to retain the patient for treatment for a
period of ninety days unless sooner discharged. Inpatient treatment shall
be deemed appropriate only after full consideration has been given to less
restrictive alternatives. Investigation of treatment alternatives shall
include consideration of the subject's relationship to the subject's community
and family, the subject's employment possibilities, all available community
resources, and guardianship services. An order of commitment shall include
findings on this issue. An order of commitment shall specify which of
those persons served with notice pursuant to section 334-60.4, together with [such]
any other persons as the court may designate, shall be entitled to
receive any subsequent notice of intent to discharge, transfer, or recommit."
SECTION 6. Section 334-60.6, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.6 Period of detention. (a)
The psychiatric facility may detain a subject for a period of time ordered by
the court not to exceed ninety days from the date of admission unless
sooner discharged by the facility pursuant to section [334-76 or section
334-74.] 334-74 or 334-76. At the end of the ninety-day period,
the subject shall be discharged automatically except as provided in sections
704-406, 704-411, and 706-607, unless before expiration of the period and by a
proceeding initiated pursuant to section 334-60.3, the facility obtains
a court order for the subject’s recommitment. Recommitment for a period not to
exceed ninety days may not be ordered unless the court determines that the
criteria for involuntary hospitalization set forth in section 334-60.2 continue
to exist. If at the end of a recommitment period the court finds that the
criteria for involuntary hospitalization set forth in section 334-60.2 continue
to exist and are likely to continue beyond ninety days, the court may order
recommitment for a period not to exceed one hundred eighty days.
(b) Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient, for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired, or where the patient is no longer a proper subject for commitment."
SECTION 7. Section 334-71, Hawaii Revised Statutes, is amended to read as follows:
"§334-71 Transfer of patients between
facilities. [A] (a) Except as otherwise provided in subsection
(b), a patient at a psychiatric facility, including those held on court order,
may be transferred to another psychiatric facility when the administrator of
the sending facility determines that it would be in the best interest of the
patient that the patient be transferred and the administrator of the receiving
facility agrees to accept the patient; provided that prior notice of [such]
the transfer be given to the subject of [such] the
transfer and to those persons specified in a current order of commitment. If
there is no current order of commitment, notice shall be given to those persons
[enumerated] designated in section 334-60.4.
(b) Whenever a transfer shall constitute a greater restraint, the transfer shall not take place unless, upon hearing, a judge finds it to be necessary and appropriate."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Mental Health; Involuntary Psychiatric Hospitalization
Description:
Establishes new procedures for the examination and involuntary hospitalization of persons that meet criteria for commitment to psychiatric facilities.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
