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HOUSE OF REPRESENTATIVES

H.B. NO.

1185

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CRIMINAL HISTORY OF DEFENDANTS COURT-ORDERED TO THE DIRECTOR OF HEALTH.

 

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

SECTION 1. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (8) to read as follows:

"(8) The court shall obtain all existing[,] medical, social, police, and juvenile records, including those expunged, and other pertinent records in the custody of public agencies notwithstanding any other statutes, and make such records available for inspection by the examiners. For detention, care, and treatment of the defendant, notwithstanding any other confidentiality statutes, the court shall provide the director of health all existing medical, social, police, and juvenile records, including those expunged, and other pertinent records, that have been obtained pursuant to this section."

SECTION 2. Section 704-406, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) If the court determines that the defendant lacks fitness to proceed, the proceeding against the defendant shall be suspended, except as provided in section 704-407, and the court shall commit the defendant to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment. If the court is satisfied that the defendant may be released on condition without danger to the defendant or to the person or property of others, the court shall order the defendant's release, which shall continue at the discretion of the court, on conditions the court determines necessary. A copy of the report filed pursuant to section 704-404 shall be attached to the order of commitment or order of conditional release. For detention, care, and treatment of the defendant, notwithstanding the confidentiality provisions of section 806-73, the court shall provide the director of health all existing medical, social, police, and juvenile records, including those expunged, and other pertinent records that have been obtained pursuant to section 704-404(8)."

SECTION 3. Section 704-411, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) When a defendant is acquitted on the ground of physical or mental disease, disorder, or defect excluding responsibility, the court shall, on the basis of the report made pursuant to section 704-404, if uncontested, or the medical or psychological evidence given at the trial or at a separate hearing, make an order as follows:

(a) The court shall order the defendant to be committed

to the custody of the director of health to be placed in an appropriate institution for custody, care, and treatment if the court finds that the defendant presents a risk of danger to oneself or others and that the defendant is not a proper subject for conditional release; provided that the director of health shall place defendants charged with misdemeanors or felonies not involving violence or attempted violence in the least restrictive environment appropriate in light of the defendant's treatment needs and the need to prevent harm to the person confined and others[;]. For the detention, care, and treatment of the defendant, notwithstanding the confidentiality provision of section 806-73, the court shall provide the director of health all existing medical, social, police, and juvenile records, including those expunged, and other pertinent records that have been obtained pursuant to section 704-404(8); or

(b) The court shall order the defendant to be released on such conditions as the court deems necessary if the court finds that the defendant is affected by physical or mental disease, disorder, or defect and that the defendant presents a danger to oneself or others, but that the defendant can be controlled adequately and given proper care, supervision, and treatment if the defendant is released on condition; or

(c) The court shall order the defendant discharged from custody if the court finds that the defendant is no longer affected by physical or mental disease, disorder, or defect, or, if so affected, that the defendant no longer presents a danger to oneself or others and is not in need of care, supervision, or treatment.

SECTION 4. Section 831-3.2, Hawaii Revised Statutes is amended by amending subsection (d) to read as follows:

"(d) Records filed under subsection (c) shall not be divulged except upon inquiry by:

(1) A court of law or an agency thereof which is preparing a presentence investigation for the court[;] or is providing the director of health with records obtained pursuant to section 704-404(8);

(2) An agency of the federal or state government which is considering the subject person for a position immediately and directly affecting the national or state security; or

(3) A law enforcement agency acting within the scope of their duties.

Response to any other inquiry shall not be different from responses made about persons who have no arrest records."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST