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HI HB2318
Bill
Status
1/23/2014
Primary Sponsor
Joseph Souki
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AI Summary
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Requires public agencies to provide all medical, mental health, social, police, and juvenile records to the court upon request for defendants ordered to undergo forensic examinations, notwithstanding any other confidentiality statutes.
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Addresses delays in forensic examinations at Hawaii State Hospital by ensuring examiners have access to relevant defendant history before conducting evaluations for fitness to proceed or penal responsibility assessments.
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Applies to examinations ordered under Hawaii Revised Statutes sections 704-404 and 704-406 when courts have reason to doubt a defendant's fitness to proceed or believe mental/physical conditions are relevant to the case.
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Adds new subsection (9) to section 704-404 requiring public agencies to disclose records upon court request, while maintaining existing protections for expunged records and juvenile adjudication records.
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Intended to reduce the length of stay for defendants at Hawaii State Hospital pending forensic examination by providing examiners with complete background information at the outset of the evaluation process.
Legislative Description
Records for Forensic Examination
Last Action
Report adopted; referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Cachola, Carroll, Creagan, Nakashima, Takumi excused (5).
2/14/2014