HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CRISIS INTERVENTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that pursuant to section 5-7.5, Hawaii Revised Statutes, the "Aloha Spirit" is the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, "Aloha", the following unuhi laula loa may be used:
(1) "Akahai", meaning kindness to be expressed with tenderness;
(2) "Lokahi", meaning unity, to be expressed with harmony;
(3) "Oluolu", meaning agreeable, to be expressed with pleasantness;
(4) "Haahaa", meaning humility, to be expressed with modesty; and
(5) "Ahonui", meaning patience, to be expressed with perseverance.
The legislature further recognizes that these are traits of character that express the charm, warmth, and sincerity of Hawaii's people. It was the working philosophy of native Hawaiians and was presented as a gift to the people of Hawaii. "Aloha" is more than a word of greeting or farewell or a salutation. "Aloha" means mutual regard and affection and extends warmth in caring with no obligation in return. "Aloha" is the essence of relationships in which each person is important to every other person for collective existence. "Aloha" means to hear what is not said, to see what cannot be seen and to know the unknowable.
In exercising their power on behalf of the people and in fulfillment of their responsibilities, obligations, and service to the people, the members of the legislature; governor; lieutenant governor; executive officers of each department; chief justice; associate justices; judges of the appellate, circuit, and district courts; chief of police of each county; and first responders may contemplate and reside with the life force and give consideration to the "Aloha Spirit".
The legislature finds that each year, thousands of individuals in Hawaii are cited or arrested for offenses such as drinking liquor in public; being in public parks after the hours of closure; and camping on sidewalks, beaches, and other restricted public places. Most of these individuals suffer from issues related to drugs, alcohol, or mental illness. Many of those cited do not appear in court, which leads to the issuance of bench warrants for their arrest. Time and resources are being used to bring these individuals to court. The court system, prosecutors, and police are caught up in a never-ending revolving door situation.
Mental health service providers have been working with the appropriate law enforcement agencies and criminal justice system in order to implement a crisis intervention program on Oahu.
The purpose of this Act is to provide those in need with appropriate care by establishing within the department of health a crisis intervention and diversion program to divert individuals in crisis from the criminal justice system and into the health care system.
This Act shall also be known as "Tiffany and Kaulike's Law".
SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§334- Crisis intervention and diversion program. (a) There is established within the department of health, a crisis intervention and diversion program that redirects those with mental health issues toward the appropriate health care system and services and away from the criminal justice system. The program shall collaborate with law enforcement, courts, mental health providers, and the community.
(b) The department may lease or acquire a crisis center to treat and refer patients to appropriate services and providers rather than the criminal justice system."
SECTION 3. Section 334-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Crisis center" means a clinic or psychiatric urgent care center that offers immediate attention for persons who are suffering from a mental health crisis and evaluates patients for placement in a mental health program within the department.
"Crisis intervention officer" means an officer who has been trained to recognize and communicate with a person suffering from a mental health crisis. These officers are certified by as specialized first responders for calls involving people in crisis."
SECTION 4. Section 334-59, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
Emergency examination and hospitalization[
.] or placement in
a designated mental health program.
(a) Initiation of
proceedings. An emergency admission may
be initiated as follows:
(1) If a law
enforcement officer has reason to believe that a person is imminently dangerous
to self or others, the officer shall call for assistance from the mental health
emergency workers designated by the director[
.] or a crisis
intervention officer. Upon determination
by the mental health emergency workers or a crisis intervention officer
that the person is imminently dangerous to self or others, the person shall be
transported by ambulance or other suitable means, to a licensed psychiatric
facility or a crisis center for further evaluation and possible
emergency hospitalization. A law
enforcement 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, advanced practice registered nurse, or psychologist at
(2) Upon written or oral application of any licensed physician, advanced practice registered nurse, 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 and in need of care or treatment, or both, giving the findings upon which the conclusion is based. The order shall direct that a law enforcement officer or other suitable individual take the person into custody and deliver the person to a designated mental health program, if subject to an assisted community treatment order issued pursuant to part VIII of this chapter, or to the nearest facility designated by the director for emergency examination and treatment, or both. 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, advanced practice registered nurse, 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; 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, an advanced practice registered nurse, 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."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the crisis intervention and diversion program; provided that no funds shall be released unless matched dollar-for-dollar by the private sector.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050; provided that this Act shall be repealed on June 30, 2023.
Department of Health; Crisis Intervention; Appropriation
Creates a crisis intervention and diversion program in the department of health to divert those in need to appropriate health care and away from the criminal justice system. Appropriates funds. Sunsets on 6/30/2023. Effective 7/1/2050. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.