HB 2159 Summary

• Department of the Attorney General must assist with preparation, filing, and presentation of petitions for assisted community treatment, unless petitioner declines assistance.

• Removes public defender representation for subjects of assisted community treatment petitions; allows court to appoint attorney only if interests of justice require it.

• Establishes automatic screening mechanism for nonviolent petty misdemeanor defendants where fitness to proceed remains outstanding; requires clinical team assessment and potential filing of involuntary hospitalization or assisted community treatment petitions within specified timeframes.

• Authorizes courts to require probation violators to undergo mental health evaluation and treatment as condition of continued probation when violation is associated with mental disease, disorder, or defect.

• Makes permanent the orders to treat over objection law and removes sunset provision from Act 111, Session Laws of Hawaii 2017.