SB2345

SECTION 1. The legislature finds that thousands of people in the State are cited or arrested each year for offenses such as drinking liquor in public; loitering in public parks after hours; and camping on sidewalks, beaches, and other restricted public places. Some individuals cited suffer from chronic conditions relating to drugs, alcohol, or mental illness. Many individuals cited do not appear in court, leading courts to issue bench warrants for their arrests. Extensive time and resources are expended bringing violators to court, creating an endless cycle for the court system, prosecutors, and police.

In response to an influx of habitual offenders, mental health service providers have been working with appropriate law enforcement agencies and the criminal justice system to implement crisis intervention programs. A critical member of a crisis intervention team is the law enforcement officer. When law enforcement officers are trained in mental health first aid and crisis intervention, de-escalation and prevention efforts have been successful.

Accordingly, the purpose of this Act is to:

(1) Establish the role of crisis intervention officers within state and county law enforcement agencies; and

(2) Require the department of law enforcement to coordinate the training of crisis intervention officers for state and county law enforcement agencies and with other appropriate service agencies.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Crisis intervention training; crisis intervention officers. The department of law enforcement shall coordinate crisis intervention training for state and county law enforcement agencies and for crisis intervention officers as defined in section 334-1."

SECTION 3. Section 334-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Crisis intervention officer" means a law enforcement officer who has been trained to recognize and communicate with a person suffering from a mental health or substance use disorder crisis and certified by the department of health as a specialized first responder for calls involving persons in crisis."

SECTION 4. Section 334-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department shall specifically:

(1) Perform statewide assessments of the need for prevention, treatment, and rehabilitation services in the areas of mental or emotional disorders and substance abuse;

(2) Adopt rules pursuant to chapter 91 for establishing the number and boundaries of the geographical service areas for the delivery of services in the areas of mental or emotional disorders and substance abuse. The department shall periodically review the effectiveness of the geographical service areas in promoting accessibility and continuity of appropriate care to all residents of that geographical area;

(3) Appoint a service area administrator in each county who shall be responsible for the development, delivery, and coordination of services in that area;

(4) Ensure statewide and community-based planning for the ongoing development and coordination of the service delivery system as guided by needs assessment data and performance related information;

(5) Establish standards and rules for psychiatric facilities and their licensing, where applicable;

(6) Establish standards and rules for services in the areas of mental health and substance abuse treatment, including assurances of the provision of minimum levels of accessible service to persons of all ages, ethnic groups, and geographical areas in the State;

(7) Ensure community involvement in determining the service delivery arrangements appropriate to each community of the State;

(8) Cooperate with public and private health, education, and human service groups, agencies, and institutions in establishing a coordinated system to meet the needs of persons with mental or emotional disorders and substance abuse difficulties;

(9) Evaluate and monitor all services in the fields of mental health and substance abuse where [~~such~~] the services are supported fully or in part by state resources;

(10) Promote and conduct research, demonstration projects, and studies concerned with the nature, prevention, intervention, and consequences of mental or emotional disorders and substance abuse;

(11) Keep records, statistical data, and other information as may be necessary in carrying out the functions of the mental health system and this chapter;

(12) Advocate patients' rights in all psychiatric facilities in the State and investigate any grievances submitted to the department by any patient in a psychiatric facility, except as provided in section 334E-2(d). The department shall establish rules and procedures for the purpose of this paragraph within one year after January 1, 1985, and post the rules in a conspicuous manner and accessible place;

(13) Promote and conduct a systematic program of accountability for all services provided, funds expended, and activities carried out under its direction or support in accordance with sound business, management, and scientific principles;

(14) Coordinate mental health resources in each county of the State by the development and presentation of a comprehensive integrated service area plan developed by the service area administrator in conjunction with the service area board. The service area administrator and the service area board, in collaboration with private and public agencies serving their population, shall submit recommendations for the statewide comprehensive integrated service plan, including needs assessment, program planning, resource development, priorities for funding, monitoring, and accountability activities;

(15) Oversee and coordinate service area programs and provide necessary administrative and technical assistance to assist service area programs in meeting their program objectives; [~~and~~]

(16) Provide staffing to the state council and service area boards to assist in the performance of their functions[.]; and

(17) Coordinate the certification of crisis intervention officers by the department of law enforcement pursuant to section 353C- and the training of employees of the department of law enforcement to provide the training of crisis intervention officers."

SECTION 5. Section 334-59, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Initiation of proceedings. An emergency admission may be initiated as follows:

(1) If a law enforcement officer has reason to believe that a person is imminently dangerous to self or others, the officer shall call for assistance from the mental health emergency workers designated by the director[.] or a crisis intervention officer. Upon determination by the mental health emergency workers or a crisis intervention officer that the person is imminently dangerous to self or others, the person shall be transported by ambulance or other suitable means[,] to a licensed psychiatric facility or designated behavioral health crisis center for further evaluation and possible emergency hospitalization. A law enforcement officer may also take into custody and transport to any facility designated by the director any person threatening or attempting suicide. The officer shall make application for the examination, observation, and diagnosis of the person in custody. The application shall state or shall be accompanied by a statement of the circumstances under which the person was taken into custody and the reasons therefor, which shall be transmitted with the person to a physician, advanced practice registered nurse, or psychologist at the facility.

(2) Upon written or oral application of any licensed physician, advanced practice registered nurse, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee in the course of employment, a judge may issue an ex parte order orally, but shall reduce the order to writing by the close of the next court day following the application, stating that there is probable cause to believe the person is mentally ill or suffering from substance abuse, is imminently dangerous to self or others and in need of care or treatment, or both, giving the findings upon which the conclusion is based. The order shall direct that a law enforcement officer or other suitable individual take the person into custody and deliver the person to a designated mental health program, if subject to an assisted community treatment order issued pursuant to part VIII of this chapter, or to the nearest facility designated by the director for emergency examination and treatment, or both. The ex parte order shall be made a part of the patient's clinical record. If the application is oral, the person making the application shall reduce the application to writing and shall submit the same by noon of the next court day to the judge who issued the oral ex parte order. The written application shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.

(3) Any licensed physician, advanced practice registered nurse, physician assistant, or psychologist who has examined a person and has reason to believe the person is:

(A) Mentally ill or suffering from substance abuse;

(B) Imminently dangerous to self or others; and

may direct transportation, by ambulance or other suitable means, to a licensed psychiatric facility for further evaluation and possible emergency hospitalization. A licensed physician, an advanced practice registered nurse, or physician assistant may administer treatment as is medically necessary, for the person's safe transportation. A licensed psychologist may administer treatment as is psychologically necessary."

SECTION 6. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of three full-time equivalent (3.0 FTE) crisis intervention coordinator positions, who shall be exempt from chapter 76, Hawaii Revised Statutes, to administer and coordinate the crisis intervention training program; provided that, upon approval from the director of law enforcement, a crisis intervention coordinator may be removed by the director of law enforcement; provided further that the director of law enforcement shall determine the final salary of crisis intervention coordinators.

The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $163,000 or so much thereof as may be necessary for fiscal year 2024-2025 to train and certify officers in:

(1) Mental health first aid, as managed, operated, and disseminated by the National Council for Mental Wellbeing; and

(2) The crisis intervention team model, as developed by Crisis Intervention Team International.

The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2345
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII