Hawaii Senate Bill SB949

Hawaii 2023 Regular Session

• Introduced: 1/20/23
• Refer: 1/27/23

Caption

Relating To Health.

Impact

The bill amends several sections of the Hawaii Revised Statutes to facilitate the creation and operation of these forensic facilities. Notable amendments include provisions for the accountability of the Department of Health in placing individuals in these facilities and the authority granted to apprehend individuals who leave without permission. The changes introduced by SB949 are expected to have a significant impact on how mental health treatment is administered, particularly for those whose circumstances involve legal commitments, by ensuring that those in need receive appropriate care in dedicated settings.

Summary

SB949 addresses mental health services within the state of Hawaii, specifically focusing on the establishment and regulation of forensic facilities. The bill defines a 'forensic facility' as a psychiatric hospital that assesses and treats individuals who have been forensically committed. It aims to ensure that secure psychiatric rehabilitation programs administered or contracted by the Department of Health comply with this definition, enhancing the treatment framework for individuals requiring intensive therapeutic intervention in a secure environment. The necessity for these changes is underscored by the need for effective treatment options for individuals whose mental health issues may intertwine with the criminal justice system.

Contention

While the bill aims to improve mental health services and provide a structured response for individuals requiring psychiatric care, it may also raise concerns regarding the rights of individuals committed to forensic facilities. The potential for involuntary confinement, coupled with the processes for transferring residents from state correctional facilities to these psychiatric environments, could lead to debates about civil liberties and mental health advocacy. Critics may argue about the implications of the provisions allowing for apprehension without a warrant and the broader impacts on how society handles mental health crises interfacing with the justice system.