HB 2505

HOUSE OF REPRESENTATIVES
H.B. NO.
2505
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
S.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO ASSISTED COMMUNITY TREATMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Section 704-421, Hawaii Revised Statutes, is
amended by amending subsection (3) to read as follows:
���� "(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 with
the family court a petition for involuntary hospitalization pursuant to section
334-60.3.� If the petition is
granted, the defendant shall remain hospitalized for a period of time as
provided by 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 clinical
team shall identify a community mental health outpatient program that agrees to
provide the mental health services to the defendant in the event the assisted
community treatment petition is granted.�
The psychiatrist or advanced practice registered nurse from the
clinical team or the community mental health outpatient program shall
prepare the certificate for assisted community treatment specified by section
334‑123, including 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 or the community mental
health outpatient program shall provide the defendant with a copy of the
certificate.� Within ten days of
provision of the certificate to the defendant by the clinical team[[,]] or
the community mental health outpatient program, the director of health or
the community mental health outpatient program shall file with the family
court the assisted community treatment petition described in section 334‑123.� When a petition for assisted community
treatment has been filed for a defendant, the defendant committed to the
custody of the director of health shall remain in custody until the family
court issues a decision on the petition; provided that the judge may order that
the subject be released during the pendency of that action."
���� SECTION
2.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION
3.� This Act shall take effect on July 1,
2026.
Report Title:
Assisted
Community Treatment; Petitions; Involuntary Hospitalization; Community Mental
Health Outpatient Programs
Description:
Clarifies
that community mental health outpatient programs that have agreed to provide
mental health services to a defendant as part of an assisted community
treatment order may prepare a certificate for assisted community treatment and
provide the certificate to a defendant and may file an assisted community
treatment petition with the Family Court.�
(CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.