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HI HB2301
Bill
Status
1/23/2014
Primary Sponsor
Joseph Souki
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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