SB2463 SD1

SECTION 1. The purpose of this Act is to:

(1) Provide for the examination of defendants through telehealth; and

(2) Appropriate funds to provide additional job positions and resources for the implementation of this Act.

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) An examiner who is appointed by the court under this chapter, may conduct an examination of a defendant via telehealth pursuant to this chapter.

(2) Examination of a defendant pursuant to subsection (1) may be conducted via telehealth at any facility under the jurisdiction of the director of health, director of law enforcement, director of corrections and rehabilitation, or the chief justice.

(3) Each facility shall establish procedures regarding the provision and use of telehealth resources at appropriate facilities. The procedures shall ensure the widest availability of telehealth resources feasible at appropriate facilities.

(4) For purposes of this section, "telehealth" means the provision of health care or examination remotely by means of telecommunications technology by a health care professional or examiner in accordance with the requirements of section 453‑1.3."

SECTION 3. 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 be released on terms and 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 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 the 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 in section 334-60.6; or

(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 heath 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 4. 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 additional job positions and resources for the implementation of this Act.

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

SECTION 5. 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2024.

THE SENATE	S.B. NO.	2463
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII