| 1 | 1 | | HOUSE OF REPRESENTATIVES H.B. NO. 1442 THIRTY-SECOND LEGISLATURE, 2023 H.D. 2 STATE OF HAWAII S.D. 1 A BILL FOR AN ACT RELATING TO REHABILITATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | HOUSE OF REPRESENTATIVES H.B. NO. 1442 |
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| 4 | 4 | | THIRTY-SECOND LEGISLATURE, 2023 H.D. 2 |
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| 5 | 5 | | STATE OF HAWAII S.D. 1 |
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| 7 | 7 | | HOUSE OF REPRESENTATIVES |
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| 9 | 9 | | H.B. NO. |
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| 11 | 11 | | 1442 |
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| 13 | 13 | | THIRTY-SECOND LEGISLATURE, 2023 |
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| 15 | 15 | | H.D. 2 |
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| 17 | 17 | | STATE OF HAWAII |
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| 19 | 19 | | S.D. 1 |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | RELATING TO REHABILITATION. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | PART I SECTION 1. The purpose of this part is to: (1) Provide for the examination of defendants through telehealth and provide a mechanism for nonviolent petty misdemeanor defendants whose fitness to proceed in criminal proceedings remains an outstanding issue to be automatically screened for involuntary hospitalization or assisted community treatment; and (2) Appropriate funds to provide additional job positions and resources for the implementation of this part. SECTION 2. Chapter 704, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§704- Examination of defendants via telehealth. (1) The director of health shall prescribe by rule the requirements, terms, conditions, and circumstances under which examinations of defendants conducted pursuant to this chapter may be administered via telehealth. (2) With regard to examinations of defendants conducted via telehealth and pursuant to this chapter: (a) The director of health, in the case of any facility under the jurisdiction of the director of health; (b) The director of public safety, in the case of any facility under the jurisdiction of the director of public safety; and (c) The chief justice, in the case of any facility under the jurisdiction of the chief justice, shall establish procedures regarding the provision and use of telehealth resources at appropriate facilities. The procedures shall comply with the rules prescribed by the director of health pursuant to subsection (1) and ensure the widest availability of telehealth resources feasible at appropriate facilities. (3) For the purposes of this section, "telehealth" means health care services provided through telecommunications technology by a health care professional who is at a location other than where the defendant is located." SECTION 3. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: "(2) Upon suspension of further proceedings in the prosecution: (a) In cases where the defendant is charged with a petty misdemeanor not involving violence or attempted violence, if a court-based certified examiner is available, the court shall appoint the court-based certified examiner to examine and provide an expedited report solely upon the issue of the defendant's capacity to understand the proceedings against the defendant and defendant's ability to assist in the defendant's own defense. The court-based certified examiner shall file the examiner's report with the court within two days of the appointment of the examiner, or as soon thereafter is practicable. A hearing shall be held to determine if the defendant is fit to proceed within two days of the filing of the report, or as soon thereafter as is practicable[;]. This paragraph shall not apply to any case under the jurisdiction of the family court unless the presiding judge orders otherwise; (b) In all other nonfelony cases, and where a court-based certified examiner is not available in cases under paragraph (a), the court shall appoint one qualified examiner to examine and report upon the defendant's fitness to proceed. The court may appoint as the examiner either a psychiatrist or a licensed psychologist designated by the director of health from within the department of health; and (c) In felony cases, the court shall appoint three qualified examiners to examine and report upon the defendant's fitness to proceed. The court shall appoint as examiners psychiatrists, licensed psychologists, or qualified physicians; provided that one of the three examiners shall be a psychiatrist or licensed psychologist designated by the director of health from within the department of health. All examiners shall be appointed from a list of certified examiners as determined by the department of health. The court, in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted while the defendant is in custody or on release or, in the court's discretion, when necessary the court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the examination for a period not exceeding thirty days, or a longer period as the court determines to be necessary for the purpose. The court may direct that one or more qualified physicians or psychologists retained by the defendant be permitted to witness the examination. As used in this section, the term "licensed psychologist" includes psychologists exempted from licensure by section 465-3(a)(3) and "qualified physician" means a physician qualified by the court for the specific evaluation ordered." SECTION 4. Section 704-421, Hawaii Revised Statutes, is amended to read as follows: "[[]§704-421[]] Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program. (1) In cases where the defendant is charged with a petty misdemeanor not involving violence or attempted violence, if, at the hearing held pursuant to section 704-404(2)(a) or at a further hearing held after the appointment of an examiner pursuant to section 704-404(2)(b), the court determines that the defendant is fit to proceed, then the proceedings against the defendant shall resume. In all other cases under this section where fitness remains an outstanding issue, the court shall continue the suspension of the proceedings and either commit the defendant to the custody of the director of health to be placed in a hospital or other suitable facility, including an outpatient facility, for further examination and assessment[.] or, in cases where the defendant was not subject to an order of commitment to the director of health for the purpose of the fitness examination under section 704-404(2), the court may order that the defendant remain released on conditions the court determines necessary for placement in a group home, residence, or other facility prescribed by the director of health for further assessment by a clinical team pursuant to subsection (3). (2) [Within seven days from the commitment of the defendant to the custody of the director of health, or as soon thereafter as is practicable, the director of health] In cases under this section where the defendant's fitness to proceed remains an outstanding issue at the hearing held pursuant to section 704-404(2)(a) or a further hearing held after the appointment of an examiner pursuant to section 704-404(2)(b), as applicable, the director of health, within fourteen days of that hearing or as soon thereafter as is practicable, shall report to the court on the following: (a) The defendant's current capacity to understand the proceedings against the defendant and defendant's current ability to assist in the defendant's own defense[.]; (b) Whether, after assessment of the defendant pursuant to subsection (3)(a) or (b), the defendant's clinical team believes that the defendant meets the criteria for involuntary hospitalization under section 334-60.2 or assisted community treatment under section 334-121; and (c) The date that the director of health filed a petition for involuntary hospitalization or assisted community treatment on behalf of the defendant pursuant to subsection (3)(a) or (b), as applicable. If, following the report, the court finds defendant fit to proceed, the proceedings against defendant shall resume. In all other cases, the court shall dismiss the charge with or without prejudice in the interest of justice. [The director of health may at any time proceed under the provisions of section 334-60.2 or 334-121.] (3) During the defendant's commitment to the custody of the director of health or release on conditions pursuant to subsection (1): (a) If the defendant's clinical team determines that the defendant meets the criteria for involuntary hospitalization set forth in section 334-60.2, the director of health, within seven days of the clinical team's determination, shall file a petition for involuntary hospitalization pursuant to section 334‑60.3 with the family court. If the petition is granted, the defendant shall remain hospitalized for a time period as provided by section 334-60.6; (b) If the defendant's clinical team determines that the defendant does not meet the criteria for involuntary hospitalization, or the court denies the petition for involuntary hospitalization, the defendant's clinical team shall determine whether an assisted community treatment plan is appropriate pursuant to part VIII of chapter 334. If the clinical team determines that an assisted community treatment plan is appropriate, the psychiatrist or advanced practice registered nurse from the clinical team shall prepare the certificate for assisted community treatment specified by section 334-123, which certificate shall include a written treatment plan for the provision of mental health services to the defendant. The clinical team shall identify a community mental health outpatient program that agrees to provide mental health services to the defendant as the designated mental health program under the assisted community treatment order. The clinical team shall provide the defendant with a copy of the certificate. If the defendant declines to accept the mental health services described in the certificate prepared pursuant to this paragraph, then the director of health, within ten days of the defendant's refusal of services described in the certificate, shall file the assisted community treatment petition described in section 334-123 with the family court. When a petition for assisted community treatment has been filed for a defendant, the defendant committed to the custody of the director of health shall remain in custody until the family court issues a decision on the petition. (4) This section shall not apply to any case under the jurisdiction of the family court unless the presiding judge orders otherwise." SECTION 5. Section 710-1021, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: "(2) Escape in the second degree is a class C felony[.] unless the offense was committed by a person while in the custody of the director of health pursuant to section 704‑421(1), in which case it is a petty misdemeanor." SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of one full-time equivalent (1.0 FTE) law clerk position for the mental health calendar judge presiding over matters under chapter 704, Hawaii Revised Statutes. The sums appropriated shall be expended by the judiciary for the purposes of this part. SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to implement this part. The sums appropriated shall be expended by the department of health for the purposes of this part. SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to accommodate telehealth examinations of defendants pursuant to section 2 of this Act. The sums appropriated shall be expended by the department of health for the purposes of this part. SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to accommodate telehealth examinations of defendants pursuant to section 2 of this Act. The sums appropriated shall be expended by the department of public safety for the purposes of this part. SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to accommodate telehealth examinations of defendants pursuant to section 2 of this Act. The sums appropriated shall be expended by the judiciary for the purposes of this part. PART II SECTION 11. The legislature finds that other jurisdictions, such as Miami-Dade County in Florida, have implemented successful post-booking jail diversion programs to divert defendants with serious mental illnesses away from the criminal justice system and into community-based treatment and support services. Treatment outcomes improve when participation in post-booking jail diversion programs is based on the defendants' agreement, and successful post-booking programs require coordination and cooperation among stakeholders. Recently, certain Hawaii stakeholders entered into agreements establishing procedures for post-booking jail diversion programs for district and circuit court in the first judicial circuit that are based on the Miami-Dade model. These agreements were signed by representatives from the department of the prosecuting attorney of the city and county of Honolulu, office of the public defender, department of health, and judiciary. Collectively, the agreements apply to defendants charged with non-violent misdemeanors and promoting a dangerous drug in the third degree, as approved by the prosecution, and other charges the parties agree to on a case-by-case basis. The agreements establish procedures for screening and assessing defendants for serious mental illness, determining whether defendants qualify for involuntary hospitalization, entry of defendants into diversion programs for treatment, dismissal of the charge if the defendant complies with the diversion plan, and regular meetings among stakeholders. The purpose of this part is to require the judiciary, in consultation with other stakeholders, to submit reports to the legislature to permit it to monitor and evaluate the effectiveness of the above-described agreements. Section 12. At least forty days prior to the convening of the regular sessions of 2024, 2025, and 2026, the judiciary, in consultation with the prosecuting attorney of the city and county of Honolulu, state public defender, and department of health, shall submit to the legislature a report on the progress and effectiveness of the agreements establishing procedures for post-booking jail diversion programs in the first circuit described in section 11 of this Act. Each report shall include: (1) The status of the programs; (2) The number of persons referred to the programs during the reporting period; (3) The number of persons accepted into the programs during the reporting period; (4) A breakdown of program participants by types of qualifying criminal charges; (5) The number of participants whose criminal charges were dismissed upon completion of the programs; (6) A quantification and discussion of other relevant program measures, outcomes, and procedures; and (7) Any other findings and recommendations, including ways to improve the programs and proposed legislation. The report shall also include the comments and recommendations of the prosecuting attorney of the city and county of Honolulu, state public defender, and department of health. SECTION 13. Beginning September 1, 2023, the judiciary, in consultation with the prosecuting attorney of the city and county of Honolulu, state public defender, and department of health, shall submit to the legislature a monthly report on the progress to date of the post-booking jail diversion programs in the first circuit described in section 11 of this Act. PART III SECTION 14. The purpose of this part is to lengthen the allowable period of court-ordered assisted community treatment for persons who are mentally ill or suffering from substance abuse, and extensions of the court order. In addition, this part eliminates the need for courts, in deciding petitions to extend periods of assisted community treatment, to consider or make any finding as to any unchanged factor that has been previously established in the existing order for treatment. SECTION 15. Section 334-127, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the criteria for assisted community treatment under section 334-121(1) have been met beyond a reasonable doubt and that the criteria under section 334-121(2) to 334-121(4) have been met by clear and convincing evidence, the family court shall order the subject to obtain assisted community treatment for a period of no more than [one year.] two years. The written treatment plan submitted pursuant to section 334-126(g) shall be attached to the order and made a part of the order. If the family court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication to be included in treatment at the discretion of the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization. The court order shall also state who should receive notice of intent to discharge early in the event that the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization determines, [prior to] before the end of the court ordered period of treatment, that the subject should be discharged early from assisted community treatment. Notice of the order shall be provided to those persons entitled to notice pursuant to section 334-125." SECTION 16. Section 334-130, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) A subject of assisted community treatment is automatically and fully discharged at the end of the family court ordered period of treatment, a period of [not] no more than [one year,] two years, unless a new family court order has been obtained as provided hereinbelow." SECTION 17. Section 334-133, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(a) Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file a petition with the family court for an order of continued assisted community treatment. The petition shall be filed, and unless the court determines the existence of a guardian, a guardian ad litem appointed, and notice provided in the same manner as under sections 334-123 and 334-125[.]; provided that the petition shall be accompanied by a declaration of the treating psychiatrist or advanced practice registered nurse specifying which of the criteria set forth in section 334‑121 are unchanged from the date of the existing order for assisted community treatment. (b) The family court shall appoint a guardian ad litem, unless there is an existing guardian, hold a hearing on the petition, and make its decision in the same manner as provided under sections 334-123 to 334-127[.]; provided that at the hearing and in rendering its decision, the court need not consider or make any finding as to any unchanged factor that has been previously established in the existing order for assisted community treatment. The family court may order the continued assisted community treatment for no more than [one year] two years after the date of the hearing pursuant to this section if the court finds that the criteria for assisted community treatment continue to exist and are likely to continue beyond one hundred eighty days." PART IV SECTION 18. The purpose of this part is to authorize courts to require a probation violator to undergo a mental health evaluation and treatment program as a condition of continued probation whenever there is reason to believe that the probation violation is associated with a mental disease, disorder, or defect of the defendant. SECTION 19. Section 706-625, Hawaii Revised Statutes, is amended to read as follows: "§706-625 Revocation, modification of probation conditions. (1) The court, on application of a probation officer, the prosecuting attorney, the defendant, or on its own motion, after a hearing, may revoke probation except as provided in [subsection] subsections (6) and (7), reduce or enlarge the conditions of a sentence of probation, pursuant to the provisions applicable to the initial setting of the conditions and the provisions of section 706-627. (2) The prosecuting attorney, the defendant's probation officer, and the defendant shall be notified by the movant in writing of the time, place, and date of any [such] hearing, and of the grounds upon which action under this section is proposed. The prosecuting attorney, the defendant's probation officer, and the defendant may appear in the hearing to oppose or support the application, and may submit evidence for the court's consideration. The defendant shall have the right to be represented by counsel. For purposes of this [section] subsection, the court shall not be bound by the Hawaii rules of evidence, except for the rules pertaining to privileges. (3) The court shall revoke probation if the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or has been convicted of a felony. The court may revoke the suspension of sentence or probation if the defendant has been convicted of another crime other than a felony. (4) The court may modify the requirements imposed on the defendant or impose further requirements, if it finds that such action will assist the defendant in leading a law-abiding life. (5) When the court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which the defendant was convicted. [(6) As used in this section, "conviction" means that a judgment has been pronounced upon the verdict. (7)] (6) The court may require a defendant to undergo and complete a substance abuse treatment program when the defendant has committed a violation of the terms and conditions of probation involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, unlawful methamphetamine trafficking as provided in section 712-1240.6, or involving possession or use of drug paraphernalia under section 329-43.5. If the defendant fails to complete the substance abuse treatment program or the court determines that the defendant cannot benefit from any other suitable substance abuse treatment program, the defendant shall be subject to revocation of probation and incarceration. The court may require the defendant to: (a) Be assessed by a certified substance abuse counselor for substance abuse dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index; (b) Present a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program; (c) Contribute to the cost of the substance abuse treatment program; and (d) Comply with any other terms and conditions of probation. [As used in this subsection, "substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors. Nothing in this subsection shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider.] (7) As a condition of continued probation, the court may require a defendant to undergo a mental health evaluation and treatment program when the defendant has committed a violation of the terms and conditions of probation and there is reason to believe that the violation is associated with a mental disease, disorder, or defect of the defendant. The court may require the defendant to: (a) Be assessed for a mental disease, disorder, or defect by a psychiatrist or psychologist, who shall prepare an appropriate treatment plan; (b) Present a proposal to receive treatment in accordance with the plan prepared pursuant to paragraph (a) through a mental health treatment program that includes an identified source of payment for the treatment program, as applicable; (c) Contribute to the cost of the treatment program, as applicable; and (d) Comply with any other terms and conditions of probation. If the defendant fails to complete the treatment program or the court determines that the defendant cannot benefit from any other suitable treatment program, the defendant may be subject to revocation of probation and incarceration. (8) For the purposes of this section: "Conviction" means that a judgment has been pronounced upon the verdict. "Mental health treatment program" means treatment services addressing a mental disease, disorder, or defect of the defendant, including residential or rehabilitation treatment or any other course or procedure, including diversion into specialized courts. "Substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors. (9) Nothing in subsection (6) or (7) shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider." PART V SECTION 20. The purpose of this part is to require the department of health to contract with behavioral health crisis centers to provide intervention and stabilization services in each county for persons experiencing a mental illness or substance use disorder crisis, including a dedicated first responder drop-off area for potential clients. SECTION 21. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§334- Behavioral health crisis centers. (a) Pursuant to the authority and functions established under sections 334‑2.5(a)(3)(B) and 334-3(a)(5), the director shall establish or contract with behavioral health crisis centers in each county of the State to provide care, diagnosis, or treatment for persons experiencing a mental illness or substance use disorder crisis. (b) Each behavioral health crisis center established or contracted with pursuant to this section shall: (1) Be designed to: (A) Address mental health and substance use crisis issues; and (B) Screen, assess, admit for stabilization, and redirect a client to ongoing care in the most appropriate and least restrictive community setting available, consistent with the client's needs; (2) Provide services twenty-four hours a day, seven days a week; (3) Accept all walk-ins and referrals and provide services regardless of the client's ability to pay, subject to subsection (c); (4) Offer a dedicated first responder drop-off area; (5) Not require medical clearance before admission of the client but rather provide assessment and support for the client's medical stability while at the crisis center; (6) Have the capacity to assess physical health needs and deliver care for most minor physical health challenges; (7) Be staffed at all times with a multidisciplinary team capable of meeting the needs of clients experiencing all levels of mental health or substance use crisis, including: (A) Psychiatrists or psychiatric nurse practitioners; (B) Nurses; (C) Licensed or credentialed clinicians capable of completing assessments of the client; and (D) Peers with lived experience similar to the experience of the client; and (8) Screen clients for suicide or violence risk and complete more comprehensive risk assessments and planning when clinically indicated. (c) No person shall be denied services or receive delayed services at a behavioral health crisis center operating under this section because of inability to pay; provided that, subject to section 334-6, crisis centers shall make every reasonable effort to collect appropriate reimbursement for the cost of providing services to persons able to pay for services, including insurance or third-party payments. (d) The director shall adopt rules pursuant to section 334-9 to implement this section, including rules specifying standards for behavioral health crisis center eligibility criteria, clinical procedures, staffing requirements, and operational, administrative, and financing requirements." SECTION 22. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the director of health to establish or contract with behavioral health crisis centers pursuant to this part. The sums appropriated shall be expended by the department of health for the purposes of this part. PART VI SECTION 23. The department of health shall purchase, staff, and operate a statewide Hawaii urgency response center to provide twenty-four hours per day, seven days per week access to mental health professionals, peer specialists, nurses, and physicians to assist individuals experiencing a behavioral health crisis. SECTION 24. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase, staffing, and operation of a statewide Hawaii urgency response center. The sums appropriated shall be expended by the department of health for the purposes of this part. SECTION 25. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for: (1) Five full-time equivalent (5.0 FTE) court-based clinicians; (2) One full-time equivalent (1.0 FTE) coordinator position; and (3) One full-time equivalent (1.0 FTE) paralegal specialist position, to staff and operate a statewide Hawaii urgency response center. The sums appropriated shall be expended by the department of health for the purposes of this part. PART VII SECTION 26. The purpose of this part is to restore funding for probation officer services for the mental health court. SECTION 27. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to restore funding for probation officer services for the mental health court. The sums appropriated shall be expended by the judiciary for the purposes of this part. PART VIII SECTION 28. This Act is amended as follows: (1) By substituting the phrase "director of corrections and rehabilitation", or similar term, wherever the phrase "director of public safety", or similar term, appears; and (2) By substituting the phrase "department of corrections and rehabilitation", or similar term, wherever the phrase "department of public safety", or similar term, appears. SECTION 29. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 30. This Act shall take effect on July 1, 3023; provided that section 28 of this Act shall take effect on January 1, 3024. |
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| 48 | 48 | | |
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| 49 | 49 | | PART I |
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| 50 | 50 | | |
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| 51 | 51 | | SECTION 1. The purpose of this part is to: |
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| 52 | 52 | | |
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| 53 | 53 | | (1) Provide for the examination of defendants through telehealth and provide a mechanism for nonviolent petty misdemeanor defendants whose fitness to proceed in criminal proceedings remains an outstanding issue to be automatically screened for involuntary hospitalization or assisted community treatment; and |
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| 54 | 54 | | |
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| 55 | 55 | | (2) Appropriate funds to provide additional job positions and resources for the implementation of this part. |
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| 56 | 56 | | |
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| 57 | 57 | | SECTION 2. Chapter 704, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 58 | 58 | | |
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| 59 | 59 | | "§704- Examination of defendants via telehealth. (1) The director of health shall prescribe by rule the requirements, terms, conditions, and circumstances under which examinations of defendants conducted pursuant to this chapter may be administered via telehealth. |
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| 60 | 60 | | |
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| 61 | 61 | | (2) With regard to examinations of defendants conducted via telehealth and pursuant to this chapter: |
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| 62 | 62 | | |
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| 63 | 63 | | (a) The director of health, in the case of any facility under the jurisdiction of the director of health; |
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| 64 | 64 | | |
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| 65 | 65 | | (b) The director of public safety, in the case of any facility under the jurisdiction of the director of public safety; and |
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| 66 | 66 | | |
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| 67 | 67 | | (c) The chief justice, in the case of any facility under the jurisdiction of the chief justice, |
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| 68 | 68 | | |
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| 69 | 69 | | shall establish procedures regarding the provision and use of telehealth resources at appropriate facilities. The procedures shall comply with the rules prescribed by the director of health pursuant to subsection (1) and ensure the widest availability of telehealth resources feasible at appropriate facilities. |
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| 70 | 70 | | |
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| 71 | 71 | | (3) For the purposes of this section, "telehealth" means health care services provided through telecommunications technology by a health care professional who is at a location other than where the defendant is located." |
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| 72 | 72 | | |
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| 73 | 73 | | SECTION 3. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: |
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| 74 | 74 | | |
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| 75 | 75 | | "(2) Upon suspension of further proceedings in the prosecution: |
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| 76 | 76 | | |
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| 77 | 77 | | (a) In cases where the defendant is charged with a petty misdemeanor not involving violence or attempted violence, if a court-based certified examiner is available, the court shall appoint the court-based certified examiner to examine and provide an expedited report solely upon the issue of the defendant's capacity to understand the proceedings against the defendant and defendant's ability to assist in the defendant's own defense. The court-based certified examiner shall file the examiner's report with the court within two days of the appointment of the examiner, or as soon thereafter is practicable. A hearing shall be held to determine if the defendant is fit to proceed within two days of the filing of the report, or as soon thereafter as is practicable[;]. This paragraph shall not apply to any case under the jurisdiction of the family court unless the presiding judge orders otherwise; |
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| 78 | 78 | | |
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| 79 | 79 | | (b) In all other nonfelony cases, and where a court-based certified examiner is not available in cases under paragraph (a), the court shall appoint one qualified examiner to examine and report upon the defendant's fitness to proceed. The court may appoint as the examiner either a psychiatrist or a licensed psychologist designated by the director of health from within the department of health; and |
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| 80 | 80 | | |
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| 81 | 81 | | (c) In felony cases, the court shall appoint three qualified examiners to examine and report upon the defendant's fitness to proceed. The court shall appoint as examiners psychiatrists, licensed psychologists, or qualified physicians; provided that one of the three examiners shall be a psychiatrist or licensed psychologist designated by the director of health from within the department of health. |
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| 82 | 82 | | |
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| 83 | 83 | | All examiners shall be appointed from a list of certified examiners as determined by the department of health. The court, in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted while the defendant is in custody or on release or, in the court's discretion, when necessary the court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the examination for a period not exceeding thirty days, or a longer period as the court determines to be necessary for the purpose. The court may direct that one or more qualified physicians or psychologists retained by the defendant be permitted to witness the examination. As used in this section, the term "licensed psychologist" includes psychologists exempted from licensure by section 465-3(a)(3) and "qualified physician" means a physician qualified by the court for the specific evaluation ordered." |
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| 84 | 84 | | |
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| 85 | 85 | | SECTION 4. Section 704-421, Hawaii Revised Statutes, is amended to read as follows: |
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| 86 | 86 | | |
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| 87 | 87 | | "[[]§704-421[]] Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program. (1) In cases where the defendant is charged with a petty misdemeanor not involving violence or attempted violence, if, at the hearing held pursuant to section 704-404(2)(a) or at a further hearing held after the appointment of an examiner pursuant to section 704-404(2)(b), the court determines that the defendant is fit to proceed, then the proceedings against the defendant shall resume. In all other cases under this section where fitness remains an outstanding issue, the court shall continue the suspension of the proceedings and either commit the defendant to the custody of the director of health to be placed in a hospital or other suitable facility, including an outpatient facility, for further examination and assessment[.] or, in cases where the defendant was not subject to an order of commitment to the director of health for the purpose of the fitness examination under section 704-404(2), the court may order that the defendant remain released on conditions the court determines necessary for placement in a group home, residence, or other facility prescribed by the director of health for further assessment by a clinical team pursuant to subsection (3). |
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| 88 | 88 | | |
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| 89 | 89 | | (2) [Within seven days from the commitment of the defendant to the custody of the director of health, or as soon thereafter as is practicable, the director of health] In cases under this section where the defendant's fitness to proceed remains an outstanding issue at the hearing held pursuant to section 704-404(2)(a) or a further hearing held after the appointment of an examiner pursuant to section 704-404(2)(b), as applicable, the director of health, within fourteen days of that hearing or as soon thereafter as is practicable, shall report to the court on the following: |
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| 90 | 90 | | |
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| 91 | 91 | | (a) The defendant's current capacity to understand the proceedings against the defendant and defendant's current ability to assist in the defendant's own defense[.]; |
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| 92 | 92 | | |
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| 93 | 93 | | (b) Whether, after assessment of the defendant pursuant to subsection (3)(a) or (b), the defendant's clinical team believes that the defendant meets the criteria for involuntary hospitalization under section 334-60.2 or assisted community treatment under section 334-121; and |
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| 94 | 94 | | |
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| 95 | 95 | | (c) The date that the director of health filed a petition for involuntary hospitalization or assisted community treatment on behalf of the defendant pursuant to subsection (3)(a) or (b), as applicable. |
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| 96 | 96 | | |
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| 97 | 97 | | If, following the report, the court finds defendant fit to proceed, the proceedings against defendant shall resume. In all other cases, the court shall dismiss the charge with or without prejudice in the interest of justice. [The director of health may at any time proceed under the provisions of section 334-60.2 or 334-121.] |
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| 98 | 98 | | |
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| 99 | 99 | | (3) During the defendant's commitment to the custody of the director of health or release on conditions pursuant to subsection (1): |
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| 100 | 100 | | |
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| 101 | 101 | | (a) If the defendant's clinical team determines that the defendant meets the criteria for involuntary hospitalization set forth in section 334-60.2, the director of health, within seven days of the clinical team's determination, shall file a petition for involuntary hospitalization pursuant to section 334‑60.3 with the family court. If the petition is granted, the defendant shall remain hospitalized for a time period as provided by section 334-60.6; |
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| 102 | 102 | | |
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| 103 | 103 | | (b) If the defendant's clinical team determines that the defendant does not meet the criteria for involuntary hospitalization, or the court denies the petition for involuntary hospitalization, the defendant's clinical team shall determine whether an assisted community treatment plan is appropriate pursuant to part VIII of chapter 334. If the clinical team determines that an assisted community treatment plan is appropriate, the psychiatrist or advanced practice registered nurse from the clinical team shall prepare the certificate for assisted community treatment specified by section 334-123, which certificate shall include a written treatment plan for the provision of mental health services to the defendant. The clinical team shall identify a community mental health outpatient program that agrees to provide mental health services to the defendant as the designated mental health program under the assisted community treatment order. The clinical team shall provide the defendant with a copy of the certificate. If the defendant declines to accept the mental health services described in the certificate prepared pursuant to this paragraph, then the director of health, within ten days of the defendant's refusal of services described in the certificate, shall file the assisted community treatment petition described in section 334-123 with the family court. When a petition for assisted community treatment has been filed for a defendant, the defendant committed to the custody of the director of health shall remain in custody until the family court issues a decision on the petition. |
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| 104 | 104 | | |
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| 105 | 105 | | (4) This section shall not apply to any case under the jurisdiction of the family court unless the presiding judge orders otherwise." |
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| 106 | 106 | | |
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| 107 | 107 | | SECTION 5. Section 710-1021, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: |
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| 108 | 108 | | |
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| 109 | 109 | | "(2) Escape in the second degree is a class C felony[.] unless the offense was committed by a person while in the custody of the director of health pursuant to section 704‑421(1), in which case it is a petty misdemeanor." |
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| 110 | 110 | | |
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| 111 | 111 | | SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of one full-time equivalent (1.0 FTE) law clerk position for the mental health calendar judge presiding over matters under chapter 704, Hawaii Revised Statutes. |
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| 112 | 112 | | |
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| 113 | 113 | | The sums appropriated shall be expended by the judiciary for the purposes of this part. |
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| 114 | 114 | | |
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| 115 | 115 | | SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to implement this part. |
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| 116 | 116 | | |
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| 117 | 117 | | The sums appropriated shall be expended by the department of health for the purposes of this part. |
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| 118 | 118 | | |
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| 119 | 119 | | SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to accommodate telehealth examinations of defendants pursuant to section 2 of this Act. |
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| 120 | 120 | | |
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| 121 | 121 | | The sums appropriated shall be expended by the department of health for the purposes of this part. |
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| 122 | 122 | | |
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| 123 | 123 | | SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to accommodate telehealth examinations of defendants pursuant to section 2 of this Act. |
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| 124 | 124 | | |
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| 125 | 125 | | The sums appropriated shall be expended by the department of public safety for the purposes of this part. |
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| 126 | 126 | | |
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| 127 | 127 | | SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) positions ($ ) and for additional resources necessary to accommodate telehealth examinations of defendants pursuant to section 2 of this Act. |
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| 128 | 128 | | |
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| 129 | 129 | | The sums appropriated shall be expended by the judiciary for the purposes of this part. |
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| 130 | 130 | | |
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| 131 | 131 | | PART II |
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| 132 | 132 | | |
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| 133 | 133 | | SECTION 11. The legislature finds that other jurisdictions, such as Miami-Dade County in Florida, have implemented successful post-booking jail diversion programs to divert defendants with serious mental illnesses away from the criminal justice system and into community-based treatment and support services. Treatment outcomes improve when participation in post-booking jail diversion programs is based on the defendants' agreement, and successful post-booking programs require coordination and cooperation among stakeholders. |
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| 134 | 134 | | |
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| 135 | 135 | | Recently, certain Hawaii stakeholders entered into agreements establishing procedures for post-booking jail diversion programs for district and circuit court in the first judicial circuit that are based on the Miami-Dade model. These agreements were signed by representatives from the department of the prosecuting attorney of the city and county of Honolulu, office of the public defender, department of health, and judiciary. Collectively, the agreements apply to defendants charged with non-violent misdemeanors and promoting a dangerous drug in the third degree, as approved by the prosecution, and other charges the parties agree to on a case-by-case basis. The agreements establish procedures for screening and assessing defendants for serious mental illness, determining whether defendants qualify for involuntary hospitalization, entry of defendants into diversion programs for treatment, dismissal of the charge if the defendant complies with the diversion plan, and regular meetings among stakeholders. |
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| 136 | 136 | | |
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| 137 | 137 | | The purpose of this part is to require the judiciary, in consultation with other stakeholders, to submit reports to the legislature to permit it to monitor and evaluate the effectiveness of the above-described agreements. |
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| 138 | 138 | | |
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| 139 | 139 | | Section 12. At least forty days prior to the convening of the regular sessions of 2024, 2025, and 2026, the judiciary, in consultation with the prosecuting attorney of the city and county of Honolulu, state public defender, and department of health, shall submit to the legislature a report on the progress and effectiveness of the agreements establishing procedures for post-booking jail diversion programs in the first circuit described in section 11 of this Act. Each report shall include: |
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| 140 | 140 | | |
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| 141 | 141 | | (1) The status of the programs; |
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| 142 | 142 | | |
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| 143 | 143 | | (2) The number of persons referred to the programs during the reporting period; |
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| 144 | 144 | | |
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| 145 | 145 | | (3) The number of persons accepted into the programs during the reporting period; |
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| 146 | 146 | | |
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| 147 | 147 | | (4) A breakdown of program participants by types of qualifying criminal charges; |
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| 148 | 148 | | |
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| 149 | 149 | | (5) The number of participants whose criminal charges were dismissed upon completion of the programs; |
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| 150 | 150 | | |
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| 151 | 151 | | (6) A quantification and discussion of other relevant program measures, outcomes, and procedures; and |
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| 152 | 152 | | |
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| 153 | 153 | | (7) Any other findings and recommendations, including ways to improve the programs and proposed legislation. |
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| 154 | 154 | | |
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| 155 | 155 | | The report shall also include the comments and recommendations of the prosecuting attorney of the city and county of Honolulu, state public defender, and department of health. |
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| 156 | 156 | | |
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| 157 | 157 | | SECTION 13. Beginning September 1, 2023, the judiciary, in consultation with the prosecuting attorney of the city and county of Honolulu, state public defender, and department of health, shall submit to the legislature a monthly report on the progress to date of the post-booking jail diversion programs in the first circuit described in section 11 of this Act. |
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| 158 | 158 | | |
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| 159 | 159 | | PART III |
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| 160 | 160 | | |
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| 161 | 161 | | SECTION 14. The purpose of this part is to lengthen the allowable period of court-ordered assisted community treatment for persons who are mentally ill or suffering from substance abuse, and extensions of the court order. |
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| 162 | 162 | | |
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| 163 | 163 | | In addition, this part eliminates the need for courts, in deciding petitions to extend periods of assisted community treatment, to consider or make any finding as to any unchanged factor that has been previously established in the existing order for treatment. |
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| 164 | 164 | | |
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| 165 | 165 | | SECTION 15. Section 334-127, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: |
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| 166 | 166 | | |
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| 167 | 167 | | "(b) If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the criteria for assisted community treatment under section 334-121(1) have been met beyond a reasonable doubt and that the criteria under section 334-121(2) to 334-121(4) have been met by clear and convincing evidence, the family court shall order the subject to obtain assisted community treatment for a period of no more than [one year.] two years. The written treatment plan submitted pursuant to section 334-126(g) shall be attached to the order and made a part of the order. |
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| 168 | 168 | | |
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| 169 | 169 | | If the family court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication to be included in treatment at the discretion of the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization. |
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| 170 | 170 | | |
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| 171 | 171 | | The court order shall also state who should receive notice of intent to discharge early in the event that the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization determines, [prior to] before the end of the court ordered period of treatment, that the subject should be discharged early from assisted community treatment. |
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| 172 | 172 | | |
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| 173 | 173 | | Notice of the order shall be provided to those persons entitled to notice pursuant to section 334-125." |
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| 174 | 174 | | |
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| 175 | 175 | | SECTION 16. Section 334-130, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: |
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| 176 | 176 | | |
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| 177 | 177 | | "(b) A subject of assisted community treatment is automatically and fully discharged at the end of the family court ordered period of treatment, a period of [not] no more than [one year,] two years, unless a new family court order has been obtained as provided hereinbelow." |
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| 178 | 178 | | |
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| 179 | 179 | | SECTION 17. Section 334-133, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: |
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| 180 | 180 | | |
|---|
| 181 | 181 | | "(a) Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file a petition with the family court for an order of continued assisted community treatment. The petition shall be filed, and unless the court determines the existence of a guardian, a guardian ad litem appointed, and notice provided in the same manner as under sections 334-123 and 334-125[.]; provided that the petition shall be accompanied by a declaration of the treating psychiatrist or advanced practice registered nurse specifying which of the criteria set forth in section 334‑121 are unchanged from the date of the existing order for assisted community treatment. |
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| 182 | 182 | | |
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| 183 | 183 | | (b) The family court shall appoint a guardian ad litem, unless there is an existing guardian, hold a hearing on the petition, and make its decision in the same manner as provided under sections 334-123 to 334-127[.]; provided that at the hearing and in rendering its decision, the court need not consider or make any finding as to any unchanged factor that has been previously established in the existing order for assisted community treatment. The family court may order the continued assisted community treatment for no more than [one year] two years after the date of the hearing pursuant to this section if the court finds that the criteria for assisted community treatment continue to exist and are likely to continue beyond one hundred eighty days." |
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| 184 | 184 | | |
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| 185 | 185 | | PART IV |
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| 186 | 186 | | |
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| 187 | 187 | | SECTION 18. The purpose of this part is to authorize courts to require a probation violator to undergo a mental health evaluation and treatment program as a condition of continued probation whenever there is reason to believe that the probation violation is associated with a mental disease, disorder, or defect of the defendant. |
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| 188 | 188 | | |
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| 189 | 189 | | SECTION 19. Section 706-625, Hawaii Revised Statutes, is amended to read as follows: |
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| 190 | 190 | | |
|---|
| 191 | 191 | | "§706-625 Revocation, modification of probation conditions. (1) The court, on application of a probation officer, the prosecuting attorney, the defendant, or on its own motion, after a hearing, may revoke probation except as provided in [subsection] subsections (6) and (7), reduce or enlarge the conditions of a sentence of probation, pursuant to the provisions applicable to the initial setting of the conditions and the provisions of section 706-627. |
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| 192 | 192 | | |
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| 193 | 193 | | (2) The prosecuting attorney, the defendant's probation officer, and the defendant shall be notified by the movant in writing of the time, place, and date of any [such] hearing, and of the grounds upon which action under this section is proposed. The prosecuting attorney, the defendant's probation officer, and the defendant may appear in the hearing to oppose or support the application, and may submit evidence for the court's consideration. The defendant shall have the right to be represented by counsel. For purposes of this [section] subsection, the court shall not be bound by the Hawaii rules of evidence, except for the rules pertaining to privileges. |
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| 194 | 194 | | |
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| 195 | 195 | | (3) The court shall revoke probation if the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or has been convicted of a felony. The court may revoke the suspension of sentence or probation if the defendant has been convicted of another crime other than a felony. |
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| 196 | 196 | | |
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| 197 | 197 | | (4) The court may modify the requirements imposed on the defendant or impose further requirements, if it finds that such action will assist the defendant in leading a law-abiding life. |
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| 198 | 198 | | |
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| 199 | 199 | | (5) When the court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which the defendant was convicted. |
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| 200 | 200 | | |
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| 201 | 201 | | [(6) As used in this section, "conviction" means that a judgment has been pronounced upon the verdict. |
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| 202 | 202 | | |
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| 203 | 203 | | (7)] (6) The court may require a defendant to undergo and complete a substance abuse treatment program when the defendant has committed a violation of the terms and conditions of probation involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, unlawful methamphetamine trafficking as provided in section 712-1240.6, or involving possession or use of drug paraphernalia under section 329-43.5. If the defendant fails to complete the substance abuse treatment program or the court determines that the defendant cannot benefit from any other suitable substance abuse treatment program, the defendant shall be subject to revocation of probation and incarceration. The court may require the defendant to: |
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| 204 | 204 | | |
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| 205 | 205 | | (a) Be assessed by a certified substance abuse counselor for substance abuse dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index; |
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| 206 | 206 | | |
|---|
| 207 | 207 | | (b) Present a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program; |
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| 208 | 208 | | |
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| 209 | 209 | | (c) Contribute to the cost of the substance abuse treatment program; and |
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| 210 | 210 | | |
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| 211 | 211 | | (d) Comply with any other terms and conditions of probation. |
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| 212 | 212 | | |
|---|
| 213 | 213 | | [As used in this subsection, "substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors. |
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| 214 | 214 | | |
|---|
| 215 | 215 | | Nothing in this subsection shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider.] |
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| 216 | 216 | | |
|---|
| 217 | 217 | | (7) As a condition of continued probation, the court may require a defendant to undergo a mental health evaluation and treatment program when the defendant has committed a violation of the terms and conditions of probation and there is reason to believe that the violation is associated with a mental disease, disorder, or defect of the defendant. The court may require the defendant to: |
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| 218 | 218 | | |
|---|
| 219 | 219 | | (a) Be assessed for a mental disease, disorder, or defect by a psychiatrist or psychologist, who shall prepare an appropriate treatment plan; |
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| 220 | 220 | | |
|---|
| 221 | 221 | | (b) Present a proposal to receive treatment in accordance with the plan prepared pursuant to paragraph (a) through a mental health treatment program that includes an identified source of payment for the treatment program, as applicable; |
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| 222 | 222 | | |
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| 223 | 223 | | (c) Contribute to the cost of the treatment program, as applicable; and |
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| 224 | 224 | | |
|---|
| 225 | 225 | | (d) Comply with any other terms and conditions of probation. |
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| 226 | 226 | | |
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| 227 | 227 | | If the defendant fails to complete the treatment program or the court determines that the defendant cannot benefit from any other suitable treatment program, the defendant may be subject to revocation of probation and incarceration. |
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| 228 | 228 | | |
|---|
| 229 | 229 | | (8) For the purposes of this section: |
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| 230 | 230 | | |
|---|
| 231 | 231 | | "Conviction" means that a judgment has been pronounced upon the verdict. |
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| 232 | 232 | | |
|---|
| 233 | 233 | | "Mental health treatment program" means treatment services addressing a mental disease, disorder, or defect of the defendant, including residential or rehabilitation treatment or any other course or procedure, including diversion into specialized courts. |
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| 234 | 234 | | |
|---|
| 235 | 235 | | "Substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors. |
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| 236 | 236 | | |
|---|
| 237 | 237 | | (9) Nothing in subsection (6) or (7) shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider." |
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| 238 | 238 | | |
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| 239 | 239 | | PART V |
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| 240 | 240 | | |
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| 241 | 241 | | SECTION 20. The purpose of this part is to require the department of health to contract with behavioral health crisis centers to provide intervention and stabilization services in each county for persons experiencing a mental illness or substance use disorder crisis, including a dedicated first responder drop-off area for potential clients. |
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| 242 | 242 | | |
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| 243 | 243 | | SECTION 21. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: |
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| 244 | 244 | | |
|---|
| 245 | 245 | | "§334- Behavioral health crisis centers. (a) Pursuant to the authority and functions established under sections 334‑2.5(a)(3)(B) and 334-3(a)(5), the director shall establish or contract with behavioral health crisis centers in each county of the State to provide care, diagnosis, or treatment for persons experiencing a mental illness or substance use disorder crisis. |
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| 246 | 246 | | |
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| 247 | 247 | | (b) Each behavioral health crisis center established or contracted with pursuant to this section shall: |
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| 248 | 248 | | |
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| 249 | 249 | | (1) Be designed to: |
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| 250 | 250 | | |
|---|
| 251 | 251 | | (A) Address mental health and substance use crisis issues; and |
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| 252 | 252 | | |
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| 253 | 253 | | (B) Screen, assess, admit for stabilization, and redirect a client to ongoing care in the most appropriate and least restrictive community setting available, consistent with the client's needs; |
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| 254 | 254 | | |
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| 255 | 255 | | (2) Provide services twenty-four hours a day, seven days a week; |
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| 256 | 256 | | |
|---|
| 257 | 257 | | (3) Accept all walk-ins and referrals and provide services regardless of the client's ability to pay, subject to subsection (c); |
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| 258 | 258 | | |
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| 259 | 259 | | (4) Offer a dedicated first responder drop-off area; |
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| 260 | 260 | | |
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| 261 | 261 | | (5) Not require medical clearance before admission of the client but rather provide assessment and support for the client's medical stability while at the crisis center; |
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| 262 | 262 | | |
|---|
| 263 | 263 | | (6) Have the capacity to assess physical health needs and deliver care for most minor physical health challenges; |
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| 264 | 264 | | |
|---|
| 265 | 265 | | (7) Be staffed at all times with a multidisciplinary team capable of meeting the needs of clients experiencing all levels of mental health or substance use crisis, including: |
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| 266 | 266 | | |
|---|
| 267 | 267 | | (A) Psychiatrists or psychiatric nurse practitioners; |
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| 268 | 268 | | |
|---|
| 269 | 269 | | (B) Nurses; |
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| 270 | 270 | | |
|---|
| 271 | 271 | | (C) Licensed or credentialed clinicians capable of completing assessments of the client; and |
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| 272 | 272 | | |
|---|
| 273 | 273 | | (D) Peers with lived experience similar to the experience of the client; and |
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| 274 | 274 | | |
|---|
| 275 | 275 | | (8) Screen clients for suicide or violence risk and complete more comprehensive risk assessments and planning when clinically indicated. |
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| 276 | 276 | | |
|---|
| 277 | 277 | | (c) No person shall be denied services or receive delayed services at a behavioral health crisis center operating under this section because of inability to pay; provided that, subject to section 334-6, crisis centers shall make every reasonable effort to collect appropriate reimbursement for the cost of providing services to persons able to pay for services, including insurance or third-party payments. |
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| 278 | 278 | | |
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| 279 | 279 | | (d) The director shall adopt rules pursuant to section 334-9 to implement this section, including rules specifying standards for behavioral health crisis center eligibility criteria, clinical procedures, staffing requirements, and operational, administrative, and financing requirements." |
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| 280 | 280 | | |
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| 281 | 281 | | SECTION 22. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the director of health to establish or contract with behavioral health crisis centers pursuant to this part. |
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| 282 | 282 | | |
|---|
| 283 | 283 | | The sums appropriated shall be expended by the department of health for the purposes of this part. |
|---|
| 284 | 284 | | |
|---|
| 285 | 285 | | PART VI |
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| 286 | 286 | | |
|---|
| 287 | 287 | | SECTION 23. The department of health shall purchase, staff, and operate a statewide Hawaii urgency response center to provide twenty-four hours per day, seven days per week access to mental health professionals, peer specialists, nurses, and physicians to assist individuals experiencing a behavioral health crisis. |
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| 288 | 288 | | |
|---|
| 289 | 289 | | SECTION 24. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase, staffing, and operation of a statewide Hawaii urgency response center. |
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| 290 | 290 | | |
|---|
| 291 | 291 | | The sums appropriated shall be expended by the department of health for the purposes of this part. |
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| 292 | 292 | | |
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| 293 | 293 | | SECTION 25. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for: |
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| 294 | 294 | | |
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| 295 | 295 | | (1) Five full-time equivalent (5.0 FTE) court-based clinicians; |
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| 296 | 296 | | |
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| 297 | 297 | | (2) One full-time equivalent (1.0 FTE) coordinator position; and |
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| 298 | 298 | | |
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| 299 | 299 | | (3) One full-time equivalent (1.0 FTE) paralegal specialist position, |
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| 300 | 300 | | |
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| 301 | 301 | | to staff and operate a statewide Hawaii urgency response center. |
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| 302 | 302 | | |
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| 303 | 303 | | The sums appropriated shall be expended by the department of health for the purposes of this part. |
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| 304 | 304 | | |
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| 305 | 305 | | PART VII |
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| 306 | 306 | | |
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| 307 | 307 | | SECTION 26. The purpose of this part is to restore funding for probation officer services for the mental health court. |
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| 308 | 308 | | |
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| 309 | 309 | | SECTION 27. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to restore funding for probation officer services for the mental health court. |
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| 310 | 310 | | |
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| 311 | 311 | | The sums appropriated shall be expended by the judiciary for the purposes of this part. |
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| 312 | 312 | | |
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| 313 | 313 | | PART VIII |
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| 314 | 314 | | |
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| 315 | 315 | | SECTION 28. This Act is amended as follows: |
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| 316 | 316 | | |
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| 317 | 317 | | (1) By substituting the phrase "director of corrections and rehabilitation", or similar term, wherever the phrase "director of public safety", or similar term, appears; and |
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| 318 | 318 | | |
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| 319 | 319 | | (2) By substituting the phrase "department of corrections and rehabilitation", or similar term, wherever the phrase "department of public safety", or similar term, appears. |
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| 320 | 320 | | |
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| 321 | 321 | | SECTION 29. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 322 | 322 | | |
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| 323 | 323 | | SECTION 30. This Act shall take effect on July 1, 3023; provided that section 28 of this Act shall take effect on January 1, 3024. |
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| 324 | 324 | | |
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| 325 | 325 | | Report Title: Mental Health Treatment Diversion; Probation Violators; Behavioral Health Crisis Centers; Appropriations Description: Amends the Criminal Justice Diversion Program including allowing examination of defendants via telehealth. Requires the Judiciary, in consultation with other stakeholders, to submit monthly and annual reports to the Legislature on the effectiveness of agreements for post-booking jail diversion programs for district and circuit court in the first circuit. Amends the allowable period of court-ordered assisted community treatment and considerations for extensions. Allows courts to require certain probation violators to undergo mental health evaluation and treatment as a condition of continued probation. Requires the Department of Health to contract with behavioral health crisis centers and to establish a statewide Hawaii Urgency Response Center. Restores funding for probation officer services for the mental health court. Effective 7/1/3023. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 326 | 326 | | |
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| 327 | 327 | | |
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| 328 | 328 | | |
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| 329 | 329 | | |
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| 330 | 330 | | |
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| 331 | 331 | | Report Title: |
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| 332 | 332 | | |
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| 333 | 333 | | Mental Health Treatment Diversion; Probation Violators; Behavioral Health Crisis Centers; Appropriations |
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| 334 | 334 | | |
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| 335 | 335 | | |
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| 336 | 336 | | |
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| 337 | 337 | | Description: |
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| 338 | 338 | | |
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| 339 | 339 | | Amends the Criminal Justice Diversion Program including allowing examination of defendants via telehealth. Requires the Judiciary, in consultation with other stakeholders, to submit monthly and annual reports to the Legislature on the effectiveness of agreements for post-booking jail diversion programs for district and circuit court in the first circuit. Amends the allowable period of court-ordered assisted community treatment and considerations for extensions. Allows courts to require certain probation violators to undergo mental health evaluation and treatment as a condition of continued probation. Requires the Department of Health to contract with behavioral health crisis centers and to establish a statewide Hawaii Urgency Response Center. Restores funding for probation officer services for the mental health court. Effective 7/1/3023. (SD1) |
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| 340 | 340 | | |
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| 341 | 341 | | |
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| 342 | 342 | | |
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| 343 | 343 | | |
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| 344 | 344 | | |
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| 345 | 345 | | |
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| 346 | 346 | | |
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| 347 | 347 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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