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HI SB2681
Bill
Status
3/6/2012
Primary Sponsor
Clarence Nishihara
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AI Summary
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Adds new section to Chapter 704, Hawaii Revised Statutes allowing courts to order transfer of defendants committed to the director of health's custody to correctional facilities upon application by the director of health and director of public safety.
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Permits transfer if court determines defendant no longer requires inpatient psychiatric care and their mental health needs can be adequately addressed in a correctional facility, provided they are not released on bail or recognizance.
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Allows transfer if defendant no longer requires inpatient psychiatric care but is unsuitable for community or residential treatment, or requires stricter security than available at Hawaii state hospital or other designated facilities.
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Requires director of health to consult with correctional facility to create adequate mental health plan for transferred defendants and permits return to health department facility if defendant subsequently requires inpatient psychiatric care.
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Permits courts to modify orders for involuntary psychiatric medication administration to allow such medication to be administered in correctional facilities during the term of active medication orders.
Legislative Description
Penal Responsibility; Mental Health; Hawaii State Hospital
Last Action
(H) Referred to PBM/HLT, JUD, FIN, referral sheet 41
3/8/2012