Hawaii 2023 Regular Session

Hawaii Senate Bill SB1566 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1566 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT Relating to the Department of Health. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1566
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1566
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	Relating to the Department of Health.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Section 334-60.7, Hawaii Revised Statutes, is amended to read as follows: "§334-60.7 Notice of intent to discharge. (a) When the administrator or attending physician of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2, the administrator or attending physician shall provide notice of intent to discharge, or if the patient voluntarily agrees to further hospitalization, the administrator shall provide notice of the patient's admission to voluntary inpatient treatment. The following requirements and procedures shall apply: (1) The notice and a certificate of service shall be filed with the family court and served on those persons whom the order of commitment specifies as entitled to receive notice, by mail at the person's last known address. Notice shall also be sent to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically, for the sole purpose of victim notification; (2) Any person specified as entitled to receive notice may waive this right in writing with the psychiatric facility; (3) If no objection is filed within five calendar days of mailing the notice, the administrator or attending physician of the psychiatric facility shall discharge the patient or accept the patient for voluntary inpatient treatment; (4) If any person specified as entitled to receive notice files a written objection, with a certificate of service, to the discharge or to the patient's admission to voluntary inpatient treatment on the grounds that the patient is a proper subject for commitment, the family court shall conduct a hearing as soon as possible, prior to the termination of the current commitment order, to determine if the patient still meets the criteria for involuntary hospitalization in section 334-60.2. The person filing the objection shall also notify the psychiatric facility by telephone on the date the objection is filed; (5) If the family court finds that the patient does not meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order of discharge from the commitment; and (6) If the family court finds that the patient does meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order denying discharge from the commitment. (b) For civil commitments that do not result directly from legal proceedings under chapters 704 and 706, when the administrator or attending physician of a psychiatric facility contemplates discharge of an involuntary patient, the administrator or attending physician may assess whether an assisted community treatment plan is indicated pursuant to section 334-123 and, if so indicated, may communicate with an aftercare provider as part of discharge planning, as appropriate. (c) Prior to final unconditional release of the patient, the department shall give written notice of the patient's release to any person that the patient has harmed or threatened to harm, or who has a temporary restraining order against the patient or has submitted a written request for written notice of the patient's release." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Section 334-60.7, Hawaii Revised Statutes, is amended to read as follows:
50	50
51	51	"§334-60.7 Notice of intent to discharge. (a) When the administrator or attending physician of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2, the administrator or attending physician shall provide notice of intent to discharge, or if the patient voluntarily agrees to further hospitalization, the administrator shall provide notice of the patient's admission to voluntary inpatient treatment. The following requirements and procedures shall apply:
52	52
53	53	(1) The notice and a certificate of service shall be filed with the family court and served on those persons whom the order of commitment specifies as entitled to receive notice, by mail at the person's last known address. Notice shall also be sent to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically, for the sole purpose of victim notification;
54	54
55	55	(2) Any person specified as entitled to receive notice may waive this right in writing with the psychiatric facility;
56	56
57	57	(3) If no objection is filed within five calendar days of mailing the notice, the administrator or attending physician of the psychiatric facility shall discharge the patient or accept the patient for voluntary inpatient treatment;
58	58
59	59	(4) If any person specified as entitled to receive notice files a written objection, with a certificate of service, to the discharge or to the patient's admission to voluntary inpatient treatment on the grounds that the patient is a proper subject for commitment, the family court shall conduct a hearing as soon as possible, prior to the termination of the current commitment order, to determine if the patient still meets the criteria for involuntary hospitalization in section 334-60.2. The person filing the objection shall also notify the psychiatric facility by telephone on the date the objection is filed;
60	60
61	61	(5) If the family court finds that the patient does not meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order of discharge from the commitment; and
62	62
63	63	(6) If the family court finds that the patient does meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order denying discharge from the commitment.
64	64
65	65	(b) For civil commitments that do not result directly from legal proceedings under chapters 704 and 706, when the administrator or attending physician of a psychiatric facility contemplates discharge of an involuntary patient, the administrator or attending physician may assess whether an assisted community treatment plan is indicated pursuant to section 334-123 and, if so indicated, may communicate with an aftercare provider as part of discharge planning, as appropriate.
66	66
67	67	(c) Prior to final unconditional release of the patient, the department shall give written notice of the patient's release to any person that the patient has harmed or threatened to harm, or who has a temporary restraining order against the patient or has submitted a written request for written notice of the patient's release."
68	68
69	69	SECTION 2. New statutory material is underscored.
70	70
71	71	SECTION 3. This Act shall take effect upon its approval.
72	72
73	73
74	74
75	75	INTRODUCED BY: _____________________________
76	76
77	77	INTRODUCED BY:
78	78
79	79	_____________________________
80	80
81	81
82	82
83	83
84	84
85	85	Report Title: Department of Health; Notice; Patient; Release; Victims Description: Requires the Department of Health to give written notice of a patient's final unconditional release to any person that the patient has harmed or threatened to harm, or who has a temporary restraining order against the patient or has submitted a written request for written notice of the patient's release prior to the patient's release. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
86	86
87	87
88	88
89	89
90	90
91	91	Report Title:
92	92
93	93	Department of Health; Notice; Patient; Release; Victims
94	94
95	95
96	96
97	97	Description:
98	98
99	99	Requires the Department of Health to give written notice of a patient's final unconditional release to any person that the patient has harmed or threatened to harm, or who has a temporary restraining order against the patient or has submitted a written request for written notice of the patient's release prior to the patient's release.
100	100
101	101
102	102
103	103
104	104
105	105
106	106
107	107	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.