SB709 SD2

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 department of health, or a contracted service provider, to review reports of a person having severe mental illness who needs assistance; assess whether the person fulfills the criteria for assisted community treatment; and, if the person meets the criteria, coordinate the process for an assisted community treatment order;

(2) Requiring the director of law enforcement to adopt rules establishing training and certification standards and procedures for crisis intervention officers;

(3) Establishing that a court's denial of a petition for involuntary commitment shall serve as notification to the department of health that the person who was the subject of the petition should be evaluated for assisted community treatment;

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

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

SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

"§334- Department response to crisis reports. (a) When the department receives credible information that a person with a severe mental illness requires assistance, the department shall dispatch staff to assist the person. The department may coordinate the response with other departments or private service providers as necessary. This requirement shall apply to communications received by any means by which the public may contact the department, including through a department hotline, crisis line, or other means, and shall apply to communications received through department-contracted service providers.

(b) While assisting a person pursuant to subsection (a), the department staff or responder from another department or private service provider coordinating with the department shall assess whether the person meets the criteria for assisted community treatment pursuant to section 334-121. If, upon assessment, the department reasonably believes that the person meets the criteria for assisted community treatment, the department shall coordinate:

(1) Completion of an examination pursuant to section 334‑121.5;

(2) Preparation of a certificate as specified by subsection 334-123(c); and

(3) Filing, with assistance from the department of the attorney general, a petition for an assisted community treatment order pursuant to section 334-123; provided that the certificate and petition shall not be required if an assisted community treatment order is not indicated by the examination;

provided further that the examination, certificate preparation, and filing of the petition may be completed by the department or by another department or private service provider coordinating with the department pursuant to subsection (a), in which case the department shall not be required to be the petitioner.

(c) Notwithstanding subsection (b), if the department is unable to coordinate the process for an assisted community treatment order, the department may notify another mental health program for the coordination of care in the community for the person.

(d) The department may contract with a service provider to fulfill the requirements of this section."

SECTION 3. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Training and certification standards and procedures regarding crisis intervention officers. Without regard to chapter 91, the director shall adopt rules setting forth statewide training and certification standards and procedures for a crisis intervention officer."

SECTION 4. Section 334-60.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

"(i) If after hearing all relevant evidence, including the result of any diagnostic examination ordered by the court, the court finds that an individual is not a person requiring medical, psychiatric, psychological, or other rehabilitative treatment or supervision, the court shall order that the individual be discharged if the individual has been hospitalized prior to the hearing. Within twenty-four hours of the denial of a petition for involuntary commitment, the court shall provide notice to the department of the petition's denial, which shall serve as notification to the department that the subject of the petition should be assessed for assisted community treatment. If, upon assessment, the department reasonably believes the subject meets the criteria for assisted community treatment, the department shall coordinate the completion of an evaluation, preparation of a certificate, and filing of a petition pursuant to section 334- (b)."

SECTION 5. 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 6. Section 334-161, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [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.] 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, whether submitted through an administrative process or to a court, 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."

SECTION 7. 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 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

SECTION 10. This Act shall take effect on December 31, 2050.

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