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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2363 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ASSISTED COMMUNITY TREATMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-121, Hawaii Revised Statutes, is amended to read as follows:
"PART VIII.
ASSISTED COMMUNITY TREATMENT
§334-121 Criteria for assisted community treatment.
An individual may be ordered to obtain assisted community treatment if
the family court finds, based on the
professional opinion of a qualified psychiatric examiner, that:
(1) The
individual is mentally ill or suffering from substance abuse;
(2) The
individual is unlikely to live safely in the community without available
supervision, is now in need of treatment in order to prevent a relapse or
deterioration that would predictably result in the individual becoming
imminently dangerous to self or others, and the individual's current mental
status or the nature of the individual's disorder limits or negates the
individual's ability to make an informed decision to voluntarily seek or comply
with recommended treatment;
(3) The
individual has a:
(A) Mental illness
that has caused that individual to refuse needed and appropriate mental health
services in the community; [or]
(B) History
of lack of adherence to treatment for mental illness or substance abuse that
resulted in the individual becoming dangerous to self or others and that now
would predictably result in the individual becoming
imminently dangerous to self or others; [and] or
(C) The individual possesses a history of repeat petty offenses; and
(4) Considering
less intrusive alternatives, assisted community treatment is essential to
prevent the danger posed by the individual, is medically appropriate, and is in
the individual's medical interests."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4 This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Mental illness; Assisted Community Treatment; Repeat Offense
Description:
Expands an individual's eligibility to receive assisted community treatment if they are a repeat petty offender.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.