SB 955 Summary

• Clarifies that psychiatrists, advanced practice registered nurses specializing in psychiatry, and licensed psychologists may serve as qualified examiners for fitness-to-proceed examinations, and allows the director of health to designate examiners from within the department of health.

• Reduces the number of qualified examiners required for felony cases from three to one, while requiring the court to also receive a report from the treating clinician on the defendant's fitness to proceed.

• Establishes regular status hearings for defendants committed to hospitals or facilities for fitness-to-proceed examinations, with hearings required no later than fourteen days after commitment, on the thirtieth day if commitment continues, and at least weekly at the Hawaii state hospital.

• Reduces the penalty for escape in the second degree from a class C felony to a petty misdemeanor when a person escapes from the custody of the director of health while awaiting examination, unless the person commits a new felony offense during the escape.

• Sunsets the amendments to section 704-404(2) on December 31, 2026, with an effective date of July 1, 3000.