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HI HB1635
Bill
Status
1/17/2018
Primary Sponsor
John Mizuno
Click for details
AI Summary
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Establishes an administrative authorization process allowing pretrial detainees and committed persons in Department of Public Safety custody to receive medical or psychiatric treatment over their objection without requiring a judicial hearing.
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Creates a three-member administrative panel with relevant clinical training to review petitions for treatment; panel members must not be involved in the detainee's current treatment.
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Requires petitions to allege the person meets treatment criteria: suffers from a physical or mental disease/disorder, is imminently dangerous to self or others within 45 days, proposed treatment is medically appropriate, and less intrusive alternatives have been considered.
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Provides due process safeguards including notice to specified parties, right to attend hearing, legal representation, cross-examination of witnesses, and ability to appeal the administrative panel's decision through a departmental appeals process.
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Effective July 1, 2018.
Legislative Description
Relating To Orders For Treatment Over Objection.
Department of Public Safety
Last Action
Referred to PBS, HHS, JUD, referral sheet 3
1/17/2018