Provide statutory guidance and clarification on the seventy-two hour hold and extended hold process, especially as it relates to patients under conditional release from the State Hospital or related facility. (SD1)
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CONDITIONAL RELEASE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 704-413, Hawaii Revised Statutes, is amended to read as follows:
Conditional release; application for modification or discharge; termination of
conditional release and commitment. (1) Any person released pursuant to
section 704‑411 shall continue to receive mental health or other
treatment and care deemed appropriate by the director of health until
discharged from conditional release. The person shall follow all prescribed
treatments and take all prescribed medications according to the instructions of
the person's treating mental health professional. If any mental health
professional treating any conditionally released person believes either the
person is not complying with the requirements of this section or there is other
evidence that hospitalization is appropriate, the mental health professional
shall report the matter to the probation officer of the conditionally released
person. The probation officer may order the conditionally released person to
be hospitalized for a period not to exceed seventy-two hours if the probation
officer has probable cause to believe the person has violated the requirements
of this subsection. No person shall be hospitalized beyond the seventy-two
hour period, as computed pursuant to section 1-29, unless a hearing has been held
pursuant to subsection (3)[
.]; provided that at or before the
expiration of the seventy-two hour period, a court may conduct a hearing to
determine whether the person would benefit from further hospitalization which
may render a revocation unnecessary. If satisfied, the court may order further
temporary hospitalization for a period not to exceed ninety days, subject to
extension as appropriate, but in no event for a period longer than one year.
At any time within that period, the court may determine that a hearing pursuant
to subsection (3) should be conducted.
(2) Any person released pursuant to section 704-411 may apply to the court ordering the conditional release for discharge from, or modification of, the order granting conditional release on the ground that the person is no longer affected by a physical or mental disease, disorder, or defect and may be discharged, or the order may be modified, without danger to the person or to others. The application shall be accompanied by a letter from or supporting affidavit of a qualified physician or licensed psychologist. A copy of the application and letter or affidavit shall be transmitted to the prosecuting attorney of the circuit from which the order issued and to any persons supervising the release, and the hearing on the application shall be held following notice to such persons. If the determination of the court is adverse to the application, the person shall not be permitted to file further application until one year has elapsed from the date of any preceding hearing on an application for modification of conditions of release or for discharge.
(3) If, at any time after the order pursuant to section 704‑411 granting conditional release, the court determines, after hearing evidence, that:
(a) The person is still affected by a physical or mental disease, disorder, or defect, and the conditions of release have not been fulfilled; or
(b) For the safety of the person or others, the
person's conditional release should be revoked[
the court may forthwith modify the conditions of release or order the person to be committed to the custody of the director of health, subject to discharge or release only in accordance with the procedure prescribed in section 704-412."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.