THE SENATE	S.B. NO.	709
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO MENTAL HEALTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the State has several tools and programs to assist individuals who have untreated severe mental illnesses, including court-ordered plans of treatment, known in Hawaii as assisted community treatment orders; involuntary commitments to the state hospital or a similar facility; court-ordered medication; and department of health crises programs. The legislature further finds that there are areas for improvement in these programs, especially as available resources and needs change over time.

Accordingly, the purpose of this Act is to update and clarify laws governing mental crisis intervention by:

(1) Requiring the director of law enforcement to adopt rules establishing training and certification standards and procedures for crisis intervention officers and requiring the department of health to approve the content of such training;

(2) Clarifying the scope of treatment allowable under orders for assisted community treatment; and

(3) Requiring the department of the attorney general to assist with the preparation, filing, and presentation of any request for a court order authorizing treatment over the objection of certain patients.

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 officers; training and certification standards and procedures; approval. The director shall adopt rules pursuant to chapter 91 setting forth statewide training and certification standards and procedures for crisis intervention officers. The department of health shall approve the content of training for crisis intervention officers established pursuant to this section."

SECTION 3. Section 334-122, Hawaii Revised Statutes, is amended by amending the definition of "assisted community treatment" to read as follows:

""Assisted community treatment" [includes medication specifically authorized by court order; individual] means the categories of treatment and services ordered by the court in a treatment plan pursuant to section 334-127(b). "Assisted community treatment" includes a case management plan and case management services to provide care coordination under the supervision of an assisted community treatment provider. The categories of treatment and services may include:

(1) Medication;

(2) Periodic blood tests or urinalysis to monitor compliance with prescribed medication;

(3) Individual or group therapy; [day]

(4) Day or partial day programming activities; [services]

(5) Services and training, including educational and vocational activities; [supervision]

(6) Supervision of living arrangements;

(7) Residential services;

(8) Alcohol and substance abuse treatment and counseling;

(9) Periodic blood tests or urinalysis for the presence of alcohol or illegal drugs for individuals with a history of alcohol or substance abuse; and [any]

(10) Any other services prescribed to either alleviate the subject of the order's disorder or disability, maintain or maximize semi-independent functioning, or prevent further deterioration that may reasonably be predicted to result in the need for hospitalization or more intensive or restrictive levels of care in the community or incarceration for criminal behavior."

SECTION 4. Section 334-161, Hawaii Revised Statutes, is amended to read as follows:

"§334-161 Criteria for issuance of court or administrative order for treatment over the patient's objection. (a) A patient who has been committed to a psychiatric facility for involuntary hospitalization or who is in the custody of the director and residing in a psychiatric facility may be ordered to receive treatment over the patient's objection, including the taking or application of medication, if the court, or administrative decision-maker through the administrative authorization process established pursuant to section 334-162, finds that:

(1) The patient suffers from a physical or mental disease, disorder, or defect;

(2) The patient is imminently dangerous to self or others;

(3) The proposed treatment is medically appropriate; and

(4) After considering less intrusive alternatives, treatment is necessary to forestall the danger posed by the patient.

(b) The department of the attorney general shall assist with the preparation and filing of any request for authorization to provide treatment over a patient's objection and shall assist with the presentation of the case at any related court proceedings; provided that if the requestor is a private provider or other private individual, the requestor may decline the assistance.

[(b)] (c) For the purposes of this section, "imminently dangerous to self or others" means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days."

SECTION 5. Section 353C-1, Hawaii Revised Statutes, is amended by amending the definition of "crisis intervention officer" to read as follows:

""Crisis intervention officer" means a law enforcement officer, as defined in section 139-1, who has been trained and certified to recognize and communicate with an individual who is in crisis or suffering from some form of impairment, whether from dementia, Alzheimer's disease, or any physical, developmental, cognitive, psychological, or substance use disorder influencing their behavior. [Training and certification standards shall be determined with the department of health.]"

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 3000.

Report Title:

DOH; DLE; AG; Mental Health; Crisis Intervention Officers; Assisted Community Treatment; Administration of Treatment Over the Patient's Objection

Description:

Requires the Director of Law Enforcement to adopt rules establishing training and certification standards and procedures for crisis intervention officers. Requires the Department of Health to approve the content of such training. Clarifies the scope of treatment permitted under assisted community treatment orders. Requires the Department of the Attorney General to assist with the preparation, filing, and presentation of requests for a court order to provide treatment over a patient's objection. Effective 7/1/3000. (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.