HB2628 Summary

• Requires the Judiciary to submit monthly reports beginning September 1, 2024, and annual reports by 2025, 2026, and 2027 to the Legislature on the progress and effectiveness of post-booking jail diversion programs in the first circuit, in consultation with the Department of Health, State Public Defender, and Honolulu Prosecuting Attorney.

• Authorizes examination of defendants via telehealth by amending Chapter 704 to allow the Director of Health to prescribe rules for telehealth examinations and requires agencies (Health, Corrections and Rehabilitation, and Judiciary) to establish procedures for providing telehealth resources.

• Establishes automatic screening procedures for nonviolent petty misdemeanor defendants whose fitness to proceed remains outstanding, requiring assessment for involuntary hospitalization under section 334-60.2 or assisted community treatment under section 334-121, with charges dismissed if fitness cannot be restored.

• Reduces escape charges from class C felony to petty misdemeanor when the offense is committed by a person under the Director of Health's custody for a petty misdemeanor not involving violence, unless a new felony is committed during escape.

• Authorizes courts to require probation violators to undergo mental health evaluation and treatment as a condition of continued probation when violations are associated with a mental disease, disorder, or defect, with provisions allowing revocation if treatment is not completed.