HI HB786

Requires the Department of Health to submit a report to the Legislature no later than 20 days before the 2020 Regular Session on improving and expediting mental health evaluations for defendants found unfit to proceed.

Report must include proposed legislation ensuring courts and the Department of Health consider relevant information (including treatment and examination time needed) when scheduling return dates for fitness re-examination results.

Proposed legislation should encourage courts and the Department of Health to minimize continuances and delays in cases where examination findings indicate the defendant is fit to proceed.

Report must include data on the length of time defendants with charges not involving murder, attempted murder, or Class A felonies spend in custody under fitness evaluation orders until judicial determination of fitness occurs.

Addresses the finding that 58% of Hawaii State Hospital admissions in 2017 were persons found unfit to proceed, with 115 of 185 such admissions eligible for one-panel rather than three-panel examinations.