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THE SENATE |
S.B. NO. |
1540 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO REHABILITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The
purpose of this part is to expand the scope of the criminal justice diversion
program for nonviolent petty misdemeanants whose fitness to proceed in criminal
proceedings remains an outstanding issue to include nonviolent misdemeanants
and defendants charged with promoting a dangerous drug in the third degree. In addition, this part establishes a
mechanism for defendants in the diversion program to be automatically screened
for involuntary hospitalization or assisted community treatment.
This
part also appropriates 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 judiciary 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,]
an offense listed under section 704-421(1), 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]:
(i) Nonfelony cases[,] where the
offense charged is not listed under section 704-421(1); and
(ii) Any case under paragraph (a) 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, an advanced practice registered nurse who has the prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, or a licensed psychologist designated by the director of health from within the department of health; and
(c) In felony cases[,]
where the offense charged is not listed in section 704-421(1), 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, advanced
practice registered nurses with prescriptive authority and who hold an
accredited national certification in an advanced practice registered nurse
psychiatric specialization, 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 704-406, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) If the court determines that the defendant
lacks fitness to proceed, the proceeding against the defendant shall be
suspended, except as provided in sections 704‑407 and 704‑421, and
the court shall commit the defendant to the custody of the director of health
to be placed in an appropriate institution for detention, assessment, care, and
treatment; provided that[:
(a) When the
defendant is charged with a petty misdemeanor not involving violence or
attempted violence, the defendant] eligible defendants shall be
diverted from the criminal justice system pursuant to section 704-421[; and
(b) When the
defendant is charged with a misdemeanor not involving violence or attempted
violence, the commitment shall be limited to no longer than one hundred twenty
days from the date the court determines the defendant lacks fitness to proceed].
If the court is satisfied that the defendant may be
released on conditions without danger to the defendant or to another or risk of
substantial danger to property of others, the court shall order the defendant's
release, which shall continue at the discretion of the court, on conditions the
court determines necessary[; provided that the release on conditions of a
defendant charged with a misdemeanor not involving violence or attempted
violence shall continue for no longer than one hundred twenty days]. A copy of all reports filed pursuant to
section 704-404 shall be attached to the order of commitment or order of
release on conditions that is provided to the
department of health. When the
defendant is committed to the custody of the director of health for detention,
assessment, care, and treatment, the county police departments shall provide to
the director of health and the defendant copies of all police reports from
cases filed against the defendant that have been adjudicated by the acceptance
of a plea of guilty or nolo contendere, a finding of guilt, acquittal,
acquittal pursuant to section 704-400, or by the entry of a plea of guilty or
nolo contendere made pursuant to chapter 853; provided that the disclosure to
the director of health and the defendant does not frustrate a legitimate
function of the county police departments; provided further that expunged
records, records of or pertaining to any adjudication or disposition rendered
in the case of a juvenile, or records containing data from the United States
National Crime Information Center shall not be provided. The county police departments shall segregate
or sanitize from the police reports information that would result in the likely
or actual identification of individuals who furnished information in connection
with the investigation or who were of investigatory interest. No further disclosure of records shall be
made except as provided by law."
SECTION 5. 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] Criminal justice diversion program[.] for
certain defendants whose fitness remains an outstanding issue. (1) In cases where the
defendant is charged with [a]:
(a) A petty misdemeanor or
misdemeanor not involving violence or attempted violence[,]; or
(b) The offense of promoting a dangerous drug in the third degree under section 712-1243,
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 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 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 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:
(i) On
at least separate
occasions in the past months, the clinical team had
previously determined that an assisted community treatment plan was appropriate
for the defendant, and the defendant declined to accept the treatment plan on
each occasion; and
(ii) The
defendant declines to accept the mental health services described in the
certificate prepared pursuant to this paragraph,
then the director of health,
within 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. The defendant may be held at the appropriate
institution pending the court hearing on the petition for assisted community
treatment. If the petition is granted,
the defendant shall be released for treatment with the designated mental health
program once the assisted community treatment order is issued and the initial
treatment consistent with the assisted community treatment plan is administered
to the defendant; or
(c) If the petition
for assisted community treatment is not granted or the clinical team determines
that an assisted community treatment order is not appropriate, the defendant
shall be discharged from the appropriate institution and referred to an
appropriate outpatient mental health program for continued support, care, and
treatment.
(4) This section shall not apply to any case under the jurisdiction of the family court unless the presiding judge orders otherwise."
SECTION 6. 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 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 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 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 implement this part.
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 health 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 department of public safety for the purposes of this part.
SECTION 11. 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
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 13. 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.] . 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 14. 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,]
, unless a
new family court order has been obtained as provided hereinbelow."
SECTION 15. 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]
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 III
SECTION 16. The purpose of this part is to authorize courts to:
(1) Enter into an agreement with a nonviolent petty misdemeanant or misdemeanant at any stage of the criminal proceeding to divert the case into an evaluation, treatment, or any other course or procedure to address a physical or mental disease, disorder, or defect that will or has become an issue in the case; and
(2) Dismiss the charge in the interest of justice upon the defendant's successful completion of all terms and conditions of the diversion.
In cases involving all other offenses, this part authorizes courts to divert the case for evaluation or treatment with the defendant's consent only, without the need for an agreement by all of the case parties as required by existing law.
SECTION 17. Section 704-407.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Whenever the defendant has filed a notice of intention to rely on the defense of physical or mental disease, disorder, or defect excluding penal responsibility, or there is reason to believe that the physical or mental disease, disorder, or defect of the defendant will or has become an issue in the case, the court may order an examination as to the defendant's physical or mental disease, disorder, or defect at the time of the conduct alleged.
Whenever there is reason to believe that the physical or mental
disease, disorder, or defect of the defendant will or has become an issue in
the case[,]:
(a) If the defendant is charged with an offense not
described in paragraph (b), the court [may enter into an agreement with the parties],
at any stage of the proceeding [to] and with the consent of the
defendant, may divert the case into an evaluation of the defendant[,];
treatment of the defendant, including residential or rehabilitation treatment;
or any other course or procedure, including diversion into specialized
courts. [Such agreements] The
diversion may include in-court clinical evaluations[.]; and
(b) If the defendant is charged with a petty misdemeanor or
misdemeanor not involving violence or attempted violence, the court, at any
stage of the proceeding and with the consent of the defendant, may divert the
case into any evaluation, treatment, course, or procedure authorized under
paragraph (a). If the prosecution
objects, the defense shall have an opportunity to be heard before diversion is
ordered. Upon the defendant's successful
completion of all terms and conditions ordered by the court, the court shall
dismiss the charge in the interest of justice."
PART IV
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 shall be subject to
revocation of probation and incarceration.
(8) For the purposes of this section:
"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 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 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 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 VII
SECTION 25. Act , Session Laws of Hawaii
2023, 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 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 27. This Act shall take effect on March 22, 2075.
Report Title:
Mental Health Treatment Diversion; Probation Violators; Behavioral Health Crisis Centers; Appropriations
Description:
Expands the Criminal Justice Diversion Program. 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 DOH to contract with behavioral health crisis centers. Appropriates funds. Takes effect 03/22/2075. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.