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HI HB2301

Bill

Status

Introduced

1/23/2014

Primary Sponsor

Joseph Souki

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Limits conditional release to one year maximum for defendants acquitted by reason of mental disease, disorder, or defect who were charged with petty misdemeanor, misdemeanor, or violation not involving violence or attempted violence.

  • Modifies examiner requirements for fitness evaluations by reducing the number needed for class B and C felony cases to one qualified examiner, and allowing flexibility in examiner qualifications for such cases.

  • Tolls the one-year conditional release period during any court-ordered hospitalization for violation of release conditions, with the person able to be subsequently placed on a new one-year conditional release if revoked.

  • Permits temporary hospitalization up to 72 hours by probation officer for conditional release violations, with court authority to extend further temporary hospitalization up to 90 days or one year if necessary.

  • Effective July 1, 2014; addresses Hawaii State Hospital admission overcrowding by creating parity between criminal justice sentences and mental health conditional release durations for non-violent offenses.

Legislative Description

Forensic Mental Health

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with Representative(s) Cullen, Hanohano, Har, Jordan, Oshiro voting aye with reservations; none voting no (0) and Representative(s) Cachola, Carroll, Creagan, Nakashima, Takumi excused (5).

2/14/2014

Committee Referrals

Judiciary2/14/2014
Health2/10/2014
Public Safety1/27/2014

Full Bill Text

No bill text available