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SB2917
THE SENATE
S.B. NO.
2917
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to assisted community treatment
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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Section 704-421, Hawaii Revised Statutes, is
amended by amending subsection (3) to read as follows:
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"(3)
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During the defendant's commitment to the
custody of the director of health or release on conditions pursuant to
subsection (1):
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(a)
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If the
defendant's clinical team determines that the defendant meets the criteria for
involuntary hospitalization set forth in section 334-60.2, the director of
health, within seven days of the clinical team's determination, shall file with
the family court a petition for involuntary hospitalization pursuant to section
334-60.3.
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If the petition is
granted, the defendant shall remain hospitalized for a period of time as
provided by section 334-60.6; or
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(b)
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If the defendant's clinical team
determines that the defendant does not meet the criteria for involuntary
hospitalization, or the court denies the petition for involuntary
hospitalization, the defendant's clinical team shall determine whether an
assisted community treatment plan is appropriate pursuant to part VIII of
chapter 334.
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If the clinical team
determines that an assisted community treatment plan is appropriate, the
clinical
team shall identify a community mental health outpatient program that agrees to
provide the mental health services to the defendant in the event the assisted
community treatment petition is granted.
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The
psychiatrist or advanced practice registered nurse from the
clinical team
or the community mental health outpatient program
shall
prepare the certificate for assisted community treatment specified by section
334‑123, including a written treatment plan for the provision of mental
health services to the defendant.
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[
The
clinical team shall identify a community mental health outpatient program that
agrees to provide mental health services to the defendant as the designated
mental health program under the assisted community treatment order.
]
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The clinical team
or the community mental
health outpatient program
shall provide the defendant with a copy of the
certificate.
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Within ten days of
provision of the certificate to the defendant by the clinical team[
,
]
or
the community mental health outpatient program,
the director of health
shall file with the family court the assisted community treatment petition
described in section 334‑123.
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When
a petition for assisted community treatment has been filed for a defendant, the
defendant committed to the custody of the director of health shall remain in
custody until the family court issues a decision on the petition; provided that
the judge may order that the subject be released during the pendency of that
action.
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A petition for assisted community
treatment filed pursuant to this section shall be heard within five days after
its filing.
"
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SECTION
2.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED
BY:
_____________________________
Report Title:
Assisted
Community Treatment; Involuntary Hospitalization; Community Health Outpatient
Description:
Requires
community health outpatient programs to prepare a certificate for assisted
community treatment and provide the certificate to a defendant.
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Requires a petition for assisted community
treatment to be heard within five days after the petition is filed.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.