Bill Text: HI SB3140 | 2024 | Regular Session | Introduced
Bill Title: Relating To Mental Health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-26 - Referred to HHS/PSM, WAM/JDC. [SB3140 Detail]
Download: Hawaii-2024-SB3140-Introduced.html
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THE SENATE |
S.B. NO. |
3140 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purposes of this part are to:
(1) Provide for the examination of defendants through telehealth; and
(2) Appropriate funds to provide additional job positions and resources for the implementation of this part.
SECTION 2. Chapter 704, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§704-
Examination of defendants via
telehealth. (1) Examiners who have been appointed by the court
under section 704-404, may be allowed to conduct their examination of defendants
via telehealth pursuant to this chapter.
(2) Examination of defendants pursuant to this
chapter may be conducted via telehealth at any facility under the jurisdiction
of the director of health, the director of law enforcement, or the chief
justice.
(3) Each facility shall establish procedures
regarding the provision and use of telehealth resources at appropriate
facilities. The procedures shall ensure
the widest availability of telehealth resources feasible at appropriate
facilities.
(4) For purposes of this section, "telehealth" means the provision of healthcare or examination remotely by means of telecommunications technology by a healthcare professional or examiner in accordance with the requirements of section 453-1.3."
SECTION 3. Section 704-421, Hawaii Revised Statutes, is amended to read as follows:
"[[]§704-421[]] Proceedings for defendants charged with petty
misdemeanors not involving violence or attempted violence; criminal justice
diversion program. (1) In cases where the defendant
is charged with a petty misdemeanor not involving violence or attempted
violence, if, at the hearing held pursuant to section 704-404(2)(a) or at a
further hearing held after the appointment of an examiner pursuant to section
704-404(2)(b), the court determines that the defendant is fit to proceed, then
the proceedings against the defendant shall resume. In all other cases under this section where
fitness remains an outstanding issue, the court shall continue the suspension
of the proceedings and either commit the defendant to the custody of the
director of health to be placed in a hospital or other suitable facility for
further examination and assessment[.] or, in cases where the
defendant is not imminently dangerous to self or others and need not be
committed to the director of health for the purpose of the fitness examination
under section 704-404(2), the court may order that the defendant be released on
terms and conditions.
(2) [Within seven days from the commitment of
the defendant to the custody of the director of health, or as soon thereafter
as is practicable, the director of health] In cases under this section
where the defendant's fitness to proceed remains an outstanding issue at the
hearing held pursuant to section 704-404(2)(a) or a further hearing held after
the appointment of an examiner pursuant to section 704-404(2)(b), as
applicable, the director of health, within fourteen days of that hearing or as
soon thereafter as is practicable, shall report to the court on the defendant's
current capacity to understand the proceedings against the defendant and
defendant's current ability to assist in the defendant's own defense. If, following the report, the court finds
defendant fit to proceed, the proceedings against defendant shall resume. In all other cases, the court shall dismiss
the charge with or without prejudice in the interest of justice. [The director of health may at any time
proceed under the provisions of section 334-60.2 or 334-121.]"
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act.
The sum appropriated shall be expended by the department of health for the purposes of this part.
PART II
SECTION 5. The purpose of this part is to authorize the department of health to implement behavioral health crisis centers to provide intervention and stabilization services for persons experiencing a mental illness or substance use disorder crisis, including a dedicated first responder drop-off area for potential clients.
SECTION 6. Chapter 334, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:
"§334- Behavioral health crisis centers. (a)
Pursuant to the authority and functions established under sections 334‑2.5(a)(3)(B)
and 334-3(a)(5), the director may establish or contract with behavioral health
crisis centers to provide care, diagnosis, or treatment for persons
experiencing a mental illness or substance use disorder crisis.
(b) Each behavioral health crisis center established or contracted with pursuant to this section shall:
(1) Screen, assess, admit, refer, or
redirect a person experiencing a mental illness or substance use disorder
crisis;
(2) Provide assessment and support for the person's medical stability while at the crisis center;
(3) Accept walk-ins and referrals and
provide services regardless of the person's
ability to pay, subject to subsection (c);
(4) Provide services while open to the
public for services; and
(5) Offer a dedicated first responder
drop-off area.
(c) No person shall be denied services or receive
delayed services at a behavioral health crisis center operating under this
section because of inability to pay.
(d) Subject to section 334-6, crisis centers
shall make every reasonable effort to collect appropriate reimbursement for the
cost of providing services from persons able to pay for services, insurance, or
third-party payors.
(e) The director shall adopt rules pursuant to section 334-9 to implement this section, including rules specifying standards for behavioral health crisis center eligibility criteria, clinical procedures, staffing requirements, and operational, administrative, and financing requirements."
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $6,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the director of health to establish or contract with behavioral health crisis centers pursuant to this part.
The sum appropriated shall be expended by the department of health for the purposes of this part.
SECTION 8.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act, upon its approval, shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Mental Health; Fitness To Proceed; Examination via Telehealth; Behavioral Health Crisis Centers; Appropriations
Description:
Authorizes examination of defendants via telehealth. Amends conditions for a defendant's release or examination of fitness to proceed. Authorizes the Department of Health to implement behavioral health crisis centers. Effective 7/1/2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
