SB2725 Summary

• Establishes confidentiality protections for physical or mental health examination reports submitted to courts under Hawaii's forensic mental health statutes, with reports kept confidential unless admitted as evidence in contested hearings or disclosed upon a showing of good cause.

• Requires courts to file an original and three copies of examination reports with the clerk, who must deliver copies to the prosecuting attorney and defense counsel, with a third copy attached to dispositive orders sent to the director of health.

• Defines "dispositive orders" to include examination orders, fitness determinations, acquittal orders, discharge and conditional release orders, and commitment orders that affect the defendant's legal status.

• Applies confidentiality requirements to examinations conducted under sections 704-404, 704-411, and 704-414 relating to defendant fitness to proceed, mental disease defenses, and applications for discharge or conditional release.

• Takes effect upon approval.