PART I. GENERAL AND ADMINISTRATIVE PROVISIONS
SECTI0N
334-1 DEFINITIONS
334-2 MENTAL HEALTH SYSTEM
334-3 FUNCTIONS OF DEPARTMENT IN MENTAL HEALTH
334-3.5 EMPLOYMENT PROGRAM FOR THE CHRONICALLY MENTALLY ILL ESTABLISHED
334-4 PERSONNEL FOR MENTAL HEALTH PROGRAM
334-5 CONFIDENTIALITY OF RECORDS
334-6 FEES; PAYMENT OF EXPENSES FOR TREATMENT SERVICES
334-7 DONATIONS OR GRANTS TO DEPARTMENT
334-8 AGREEMENTS
334-9 RULES
334-10 STATE COUNCIL ON MENTAL HEALTH
334-11 SERVICE AREA BOARDS
334-12 BILINGUAL MENTAL HEALTH SERVICES
334-13 REPRESENTATIVE PAYEE PROGRAM
334-14 GROUP HOMES FOR SUBSTANCE ABUSERS; SOURCE OF FUNDS; DISPOSITION OF RECEIPTS
334-15 MENTAL HEALTH AND SUBSTANCE ABUSE SPECIAL FUND, ESTABLISHED

PART II. OPERATION OF PSYCHIATRIC FACILITIES
334-21 LICENSING OF PSYCHIATRIC FACILITIES
334-22 PENALTY
334-23 MONEY BELONGING TO PATIENTS
334-24 ADMISSION; DISCHARGE, CIVIL LIABILITY

PART III. STATE HOSPITAL
334-31 ESTABLISHMENT OF STATE HOSPITAL
334-32 SPECIAL WARDS
334-33 REPEALED
334-34 CUSTODY OF PATIENTS
334-35 EXAMINATION AND TREATMENT OF PATIENTS, MEDICAL RECORDS
334-36 PRIVATE PHYSICIAN
334-37 VOLUNTARY CONTRIBUTIONS TO PATIENTS
334-38 DISPOSITION OF PROCEEDS OF AGRICULTURAL AND INDUSTRIAL PURSUITS

PART IV. ADMISSION TO PSYCHIATRIC FACILITY
334-51 To 58 REPEALED
334-59 EMERGENCY EXAMINATION AND HOSPITALIZATION
334-60 REPEALED
334-60.1 1 VOLUNTARY ADMISSION FOR NONEMERGENCY TREATMENT OR SUPERVISION
334-60.2 INVOLUNTARY HOSPITALIZATION CRITERIA
334-60.3 INITIATION OF PROCEEDING FOR INVOLUNTARY HOSPITALIZATION
334-60.4 NOTICE; WAIVER OF NOTICE; HEARING ON PETITION; WAIVER OF HEARING ON PETITION FOR INVOLUNTARY HOSPITALIZATION
334-60.5 HEARING ON PETITION
334-60.6 PERIOD OF DETENTION
334-60.7 NOTICE OF INTENT TO DISCHARGE
334-61 PRESUMPTION; CIVIL RIGHTS
334-62 SERVICE OF PROCESS AND PAPERS UPON PATIENTS

PART V. TRANSFER, LEAVE, AND DISCHARGE
334-71 TRANSFER OF PATIENTS BETWEEN FACILITIES
334-72 TRANSFER OF VETERANS
334-73 REPEALED
334-74 TRANSFER OF RESIDENTS OF CORRECTIONAL FACILITIES
334-75 AUTHORIZED ABSENCE
334-76 DISCHARGE FROM CUSTODY

PART VI. APPEAL AND REVIEW
334-81 REQUEST FOR HEARING
334-82 ORDER TO SHOW CAUSE; GUARDIAN AD LITEM
334-83 HEARING
334-84 ORDER
334-85 FURTHER HEARINGS
334-86 STATUS OF PATIENT PENDING HEARING

PART VII. COMMUNITY RESIDENTIAL TREATMENT SYSTEM
334-101 ESTABLISHMENT
334-102 CRITERIA
334-103 PROGRAM ELEMENTS
334-104 LEAST RESTRICTIVE LEVEL OF SERVICE
334-105 EVALUATION
334-106 LICENSE REQUIRED

PART VIII. INVOLUNTARY OUTPATIENT TREATMENT
334-121 CRITERIA FOR INVOLUNTARY OUTPATIENT TREATMENT
334-122 DEFINITIONS
334-123 PETITION
334-124 HEARING DATE
334-125 NOTICE
334-126 HEARING
334-127 DISPOSITION
334-128 TREATMENT COSTS AND FEES
334-129 FAILURE TO COMPLY WITH OUTPATIENT TREATMENT
334-130 DISCHARGE
334-131 EARLY DISCHARGE
334-132 OBJECTION TO DISCHARGE
334-133 PETITION FOR ADDITIONAL PERIOD OF TREATMENT; HEARING
334-134 HEARING FOR DISCHARGE

Note Chapter heading amended by L 1983, c 140, §3.

Cross References Insurance benefits, see chapter 43 1 M. Medical treatment decision declarations. See chapter 327F.

Rules of Court Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(7).

As used in this chapter unless otherwise indicated by the context:

"Administrator" means the person in charge of a public or private hospital

"Admission procedures" mean the various methods for admission of mentally ill persons or of persons habituated to the excessive use of drugs or alcohol to public and private psychiatric facilities.

"Authorized absence" means absence of a patient from a psychiatric facility for any period of time with permission.

"Community mental health center" means one or more facilities which alone or in conjunction with other facilities, public OR private, are part of a coordinated program providing a variety of mental health services principally for persons residing in a community or communities in or near which the center is located.

"Court" means any duly constituted court and includes proceedings, hearings of per them judges as authorized by law.

"Dangerous to others" means likely to do substantial physical or emotional injury on another, as evidenced by a recent act, attempt or threat.

"Dangerous to property" means inflicting, attempting or threatening IMMINENTLY to inflict damage to any property in a manner which constitutes a crime, as evidenced by a recent act, attempt or threat.

"Dangerous to self' means the person recently has threatened or attempted suicide or serious bodily harm; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, shelter or self-protection, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease will result unless adequate treatment is afforded.

"Department" means the department of health.

"Director" means the director of health.

"Discharge" means the formal termination on the records of a psychiatric facility of a patient's period of treatment at the facility.

"Gravely disabled" means a condition in which a person, as a result of a mental disorder, (1) is unable to provide for that individual's basic personal needs for food, clothing, or shelter; (2) is unable to make or communicate rational or responsible decisions concerning the individual's personal welfare; and (3) lacks the capacity to understand that this is so.

"Guardian" means a guardian of person or of property as provided in Article V of chapter 560.

"Incapacitated person" is as provided in Article V of chapter 560.

"Interested person" means an interested, responsible adult, including but not limited to a public official, the legal guardian, spouse, parent, legal counsel, adult child, or next of kin of a person allegedly mentally ill, mentally deficient or suffering from substance abuse or as otherwise provided in Article I of chapter 560.

"Intoxicated person" means a person who is deprived of reasonable self-control because of intake of alcohol or because of any substance which includes in its composition volatile organic solvents.

"Judge" means any judge of the family court or per them judge appointed by the chief justice as provided in section 604-2.

"Licensed physician" means a physician or surgeon licensed by the State to practice medicine, including a physician and surgeon granted a limited and temporary license under section 453-3(1), (2), and (5) or a resident physician and surgeon granted a limited and temporary license under paragraph (4) thereof, or a medical officer of the United States while in this State in the performance of the medical officer's official duties.

"Mental health" means a state of social, psychological, and physical wellbeing, with capacity to function effectively in a variety of social roles.

"Mentally ill person" means a person having psychiatric disorder or other disease which substantially impairs the person's mental health and necessitates treatment or supervision.

"Obviously ill" means a condition in which a person's current behavior and previous history of mental illness, if known, indicate a disabling mental illness, and the person is incapable of understanding that there are serious and highly probable risks to health and safety involved in refusing treatment, the advantages of accepting treatment, or of understanding the advantages of accepting treatment and the alternatives to the particular treatment offered, after the advantages, risks, and alternatives have been explained to the person.

"Patient" means a person under observation, care, or treatment at a psychiatric facility.

"Person suffering from substance abuse" means a person who uses narcotic, stimulant, depressant, or hallucinogenic drugs or alcohol to an extent which interferes with the person's personal, social, family, or economic life.

"Protected person" is as described in Article V of chapter 560.

"Psychiatric facility" means a public or private hospital or part thereof which provides inpatient or outpatient care, custody, diagnosis, treatment or rehabilitation services for mentally ill persons or for persons habituated to the excessive use of drugs or alcohol or for intoxicated persons.

"Special treatment facility" means a public or private facility which provides a therapeutic residential program for care, diagnosis, treatment or rehabilitation services for emotionally distressed persons, mentally ill persons or persons suffering from substance abuse.

"Treatment" means the broad range of emergency, out-patient, intermediate, domiciliary, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, career counseling, and other special services which may be extended to handicapped p persons

"Unauthorized absence" means absence of a patient from a psychiatric facility for any period of time without permission. (L 1967, c 259, pt of § 1; HRS §334- 1; am L 1968, c 6, §2; am L 1969, c 153, § 1; am L 1973, c 93, pt of §2; am L 1976, c 130, § l(l), (2); am L 1977, c 76, § 1; am L 1979, c 228, §2; am L 1984, c 94, § 1; am L 1985, c 75, § 1; gen ch 1985; am L 1986, c 335, § I and c 339, §43]

The department of health shall foster and coordinate a comprehensive mental health system utilizing public and private resources to reduce the incidence of mental or emotional disorders and substance abuse and to treat and rehabilitate the victims in the least restrictive and most therapeutic environment possible. The department shall administer such programs, services, and facilities as may be provided by the State to promote, protect, preserve, care for, and improve the mental health of the people. (L 1967, c 259, pt of § 1; HRS §334-2; am L 1984, c 218, §21

(a) The department of health within the limits of available funds within the designated programs, shall promote and provide for the establishment and operation of a community-based mental health system responsive to the needs of persons of all ages, ethnic groups, and geographical areas of the State, reflective of an appropriate distribution of resources and services, and monitored and evaluated in terms of standards, goal* attainment, and outcomes. The elements of the system shall be defined by departmental rules recognizing the need for at least the following services:

(1) Informational and educational services to the general public and to lay and professional groups;
(2) Collaborative and cooperative services with public and private agencies and groups for the prevention and treatment of mental or emotional disorders and substance abuse and rehabilitation of patients;
(3) Consultation services to the judiciary, to educational institutions, and to health and welfare agencies;
(4) Case management, outreach, and follow-up services;
(5) Emergency crisis and noncrisis intervention services accessible to residents of all service areas;
(6)Community-based, relevant, and responsive outpatient services;
(7)Community residential care Comprising a comprehensive range of small, homelike, and appropriately staffed treatment and rehabilitation facilities;
(8)Short-term psychiatric hospitalization, preferably in facilities where access to other health and medical services are readily available;
(9)Intensive psychiatric hospitalization for patients in need of long-term, highly structured, or highly specialized care and treatment and provision of appropriate community resources;
(10)Training programs, activities, and staffing standards for the major mental health disciplines and ancillary services; and
(11)Rehabilitative services for hospital and community-based individuals who have experienced short- or long-term mental or emotional disorders and substance abuse.

(b) The department shall revise, refine, and develop the system to ensure optimal responsiveness to the many and varied needs of the people of the State. The development of the system shall be based on a statewide four-year plan which is developed in response to statewide assessments of need, evaluations of services, programs, and facilities, and community expressions of needed services and programs. The plan shall determine the specific content of the department of health budget for the mental health system. The plan shall be annually monitored and updated. (c) (1)

(c) The department shall specifically:

(1) Perform statewide assessments of the need for prevention, treatment, and rehabilitation services in the areas of mental or emotional disorders and substance abuse;
(2) Adopt rules pursuant to chapter 91 for establishing the number and boundaries of the geographical service areas for the delivery of services in the areas of mental or emotional disorders and substance abuse. Each statewide four-year plan shall include a review of the effectiveness of the geographical service areas in promoting accessibility and continuity of appropriate care to all residents of that geographical area;
(3) Establish a service area center in each geographical service area that shall be the focal point for the development, delivery, and coordination of services in that area;
(4) Ensure statewide and community-based planning for the ongoing development and coordination of the service delivery system as guided by needs assessment data and performance related information;
(5) Establish standards and rules for psychiatric facilities and their licensing, where applicable;
(6) Establish standards and rules for services in the areas of mental health and substance abuse treatment, including assurances of the provision of minimum levels of accessible service to persons of all ages, ethnic groups, and geographical areas in the State;
(7) Ensure community involvement in determining the service delivery arrangements appropriate to each community of the State;
(8) Cooperate with public and private health, education, and human service groups, agencies, and institutions in establishing a coordinated system to meet the needs of persons with mental or emotional disorders and substance abuse difficulties;
(9) Evaluate and monitor all services in the fields of mental health and substance abuse where such services are supported fully or in part by state resources;
(10) Promote and conduct research, demonstration projects, and studies concerned with the nature, prevention, intervention, and consequences of mental or emotional disorders and substance abuse;
(11) Keep records, statistical data, and other information as may be necessary in carrying out the functions of the mental health system and this chapter,
(12) Advocate patients' rights in all psychiatric facilities in the State and investigate any grievances submitted to the department by any patient in a psychiatric facility, except as provided in section 334E-2(d). The department shall establish rules and procedures for the purpose of this paragraph within one year after January 1, 1985, and post the rules in a conspicuous manner and accessible place;
(13) Promote and conduct a systematic program of accountability for all services provided, funds expended, and activities carried out under its direction or support in accordance with sound business, management, and scientific principles;
(14) Coordinate mental health resources in each service area by the presentation of a mental health systems service plan incorporating the planning of each service area. The service area center and the service area board, in collaboration with private and public agencies serving their population, shall submit recommendations for the statewide four-year plan, including needs assessment, program planning, resource development, priorities for funding, monitoring, and accountability activities;
(15) Oversee and coordinate service area programs and provide necessary administrative and technical assistance to assist service area programs in meeting their program objectives; and
(16) Provide staffing to the state council and service area boards to assist in the performance of their functions.

There is established within the mental health division of the department of health a community-based employment program for the chronically mentally ill to (1) create business enterprises for employment of the chronically mentally ill; (2) teach the skills and attitudes which will enable the chronically mentally ill to become employed; and (3) provide support services including housing so that the chronically mentally ill can secure and maintain employment and live within the community. [L 1987, c 340, §21

The director of health shall appoint such professional and nonprofessional staff as the director deems necessary to carry out the state mental health program and for which appropriations are available. Positions for psychiatrists are exempted from chapters 76 and 77. The director may employ such psychiatrists as may be needed by the department of health on a contractual basis, the contract being subject to the approval of the governor [L 1967, c 259, pt of §1; HRS §334-4; gen ch 1985]

All certificates, applications, records and reports made for the purposes of this chapter and directly or indirectly identifying a person subject hereto shall be kept confidential and shall not be disclosed by any person except so far (1) as the person identified, or the person's legal guardian, consents, or (2) as disclosure may be deemed necessary by the director of health or by the administrator of a private psychiatric or special treatment facility to carry out this chapter, or (3) as a court may direct upon its determination that disclosure is necessary for the conduct [of] proceedings before it and that failure to make the disclosure would be contrary to the public interest, or (4) as disclosure may be deemed necessary under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986, Public Law 99-319, to protect and advocate the rights of persons with mental illness who reside in facilities providing treatment or care. For the purposes of this section, "facilities" shall include, but not be limited to, hospitals, nursing homes, community facilities for mentally ill individuals, boarding homes, and care homes.

Nothing in this section shall preclude disclosure, upon proper inquiry, of any information relating to a particular patient and not clearly adverse to the interests of the patient, to the patient, the patient's family, legal guardian, or relatives, nor, except as provided above, affect the application of any other rule or statute of confidentiality. The use of the information disclosed shall be limited to the purpose for which the information was furnished. [L 1967, c 259, pt of § 1; HRS §334-5; am L 1973, c 122, §1; gen ch 1985; am L 1987, c 148, §1]

(a) Pursuant to chapter 91, the director shall establish reasonable charges for treatment services and may make collections on such charges. In making the collections on such charges the director shall take into consideration the financial circumstances of the patient and the patient's family, and no collections shall be made where in the judgment of the director, such collections would tend to make the patient or the patient's family a public charge or deprive the patient and the patient's family of necessary support.

(b) Every person hospitalized at a psychiatric facility or receiving treatment services through a community mental health center under the jurisdiction of the State or a county, or at a psychiatric facility or through a community mental health center which derives more than fifty per cent of its revenues from the general fund of the State, shall be liable for the expenses attending their reception, maintenance, and treatment and any property not exempt from execution belonging to the person shall be subject to sequestration for the payment of the expenses. Every parent or legal guardian of a patient who is a minor and every spouse of a patient shall be liable for the expenses attending the reception, maintenance, and treatment of that minor child or spouse who is hospitalized at a psychiatric facility or receiving treatment through a community mental health center under the jurisdiction of the State or a county, or at a psychiatric facility or through a community mental health center which derives more than fifty per cent of its revenues from the general fund of the State. (L 1967, c 259, pt of § 1; FIRS §334-6; am L 1971, c 153, § 1; am L 1972, c 80, § 1; am L 1991, c 243, §2; gen ch 19921

The department of health is authorized to accept donations or grants from individuals and other agencies, public and private, to further the purposes of the mental health program. The donations or grants shall in fact be used for the mental health program and for the intended purpose, if specified. [L 1967, c 259, pt of §1; HRS §334-71

In carrying out the director's duties under this chapter:

(1) The director of health may enter into agreements with the United States and with other state departments, agencies, and political subdivisions and enter into assistance agreements for services with a profit organization incorporated under the laws of the State or a nonprofit organization determined to be exempt from the federal income tax by the Internal Revenue Service and allocate and expend any funds appropriated for the purposes of such agreements and do all things necessary to accomplish the purposes and provisions thereof.

(2) The director shall establish standards and review procedures to assure that recipients of state funding provide the services and facilities necessary to accomplish the purposes for which the funds are provided. (L 1967, c 259, pt of § 1; HRS §334-8; am L 1984, c 78, § I and c 218, §4; gen ch 19851

The director of health shall adopt rules in accordance with chapter 91 to carry out this chapter. (L 1967, c 259, pt of §1; HRS §334-9; am L 1984, c 218, §5]

(a) There is established a state council on mental health. The council shall consist of twenty-one members appointed by the governor as provided in section 26-34. In making appointments to the council, the governor shall ensure that all service area boards of the State are represented, and that a majority of the members are nonproviders of mental health or other health services, and that a majority of the members are not state employees. The number of parents of children with serious emotional disturbances shall be sufficient to provide adequate representation of such children in the deliberations of the council. The council shall be composed of residents of the State, including individuals representing:

(1) The principal state agencies with respect to mental health, education, vocational rehabilitation, criminal justice, housing, and social services;
(2) Public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services;
(3) Adults with serious mental illnesses who are receiving, or have received, mental health services;
(4) The families of such adults or families of children with serious emotional disturbances; and
(5) The Hawaii advisory commission on drug abuse and controlled substances who shall be a person knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse.

(b) The council shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the council.

(c) The council shall advise the department on allocation of resources, statewide needs, and programs affecting two or more service areas. The council shall review and comment on the state plan and shall serve as an advocate for adults with serious mental illness, children with serious emotional disturbances, other individuals with mental illnesses or emotional problems, and individuals with combined mental illness substance abuse disorders.

(d) If the department's action is not in conformance with the council’s advice, the department shall provide a written explanation of its position to the council.

(e) The council shall prepare and submit an annual report to the governor and the legislature on implementation of the state plan. The report presented to the legislature shall be submitted at least ten days prior to the convening of each regular session. [L 1984, c 218, pt of §1; am L 1993, c 210, §2]

(a) A service area board shall be established to advise each service area center. Each board shall consist of nine members appointed by the governor, who shall serve for terms to be determined by the governor. After the initial appointees, the governor shall fill each vacancy on a board by appointing a member from a list of four persons submitted by that board, except that, if the board is unable to achieve a quorum at two consecutive meetings called for the purpose of making such a list, the list may be provided by a group of at least seven service area consumers and nonproviders of mental health services. This group shall consist of all board members willing to participate in making the list and other area consumers and nonproviders of mental health services to be selected by the service area board chairperson and service area center chief. Any meeting called for the purpose of making the list shall be subject to part I of chapter 92. The members of the board shall be service area residents, who are consumers or nonproviders of mental health services and service area providers with a majority being non-state employees and nonproviders of mental health or other health services.

Each board shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the board.

(b) Each service area center and board, in consultation with public and private providers, shall participate in the development of service area plans and budgets. Each board shall advise its center about service area needs to prevent mental or emotional disorders, combined mental illness substance abuse disorders, and persons afflicted by these disorders, and provide advice, guidance, and recommendations to both the advisory commission on drug abuse and controlled substances, section 329-2, and the state council on mental health, section 334-10, as they deem appropriate.

(c) If a center chief's actions are not in conformance with the board's planning decisions, the center chief shall provide a written explanation to the board. EL 1984, c 218, pt of § 1; am L 1985, c 6, § 1; am L 1987, c 14, § 1; am L 1993, c 210, §3]

§334-12 Bilingual mental health services.

(a) There is established in the mental health division of the department of health, a mental health unit which shall provide bilingual mental health services statewide.

(b) The mental health unit established in this section shall have the following functions and shall provide the following services:

(1) Outreach;
(2) Education;
(3) Case finding;
(4) Screening;
(5) Referral and linkage;
(6) Consultation;
(7) Crisis stabilization;
(8) Community support services;
(9) System advocacy;
(10) Client support and advocacy; and
(11) Monitoring and follow-up.

§334-13 Representative payee program.

See supplement at end.

§334-14 Group homes for substance abusers; source of funds; disposition of receipts.

(a) All moneys to make loans for the establishment of housing in which individuals recovering from alcohol or drug abuse may reside in groups of not less than four individuals, shall be allocated by the legislature through appropriations out of the state general fund.

(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.

(c) All moneys received from other funding sources, including but not limited to federal sources, or in repayment of loan principal payment of interest, or fees, under this section shall be deposited to the credit of the general fund. [L 1990, c 177, §2; am L 1993, c 280. §36]

See supplement at end.

§334-21 Licensing of psychiatric facilities.

No person, association, corporation, or government agency shall establish, maintain, or operate a psychiatric facility to which persons are involuntarily admitted without first obtaining a license therefor from the department of health. The license may be for a definite period and shall be subject to revocation as hereinafter provided. The issuance of a license shall be based upon an application which shall be in such form and shall contain such information as the department may require. The facility must be able to provide adequate care and treatment in conformance with standards established by the department. The department may, at any and all times, examine and ascertain whether a licensed facility is being conducted in compliance with the license and applicable rules and regulations. Subject to Chapter 91, the department may, if the interests of the public or of the patients of a facility so demand, for just and reasonable cause then appearing and to be stated in its order, amend or revoke a license by an order to take effect within such time as the department shall determine. This section shall not apply to any facility operated by the United States or any agency thereof. [L 1967, c 259, pt of §1: HRS §334-21 am L 1968, c 6, §3; am L 1977, c 76, §2]

Cross References For admission to a psychiatric facility, see part IV.

§334-22 Penalty.

Any person who and any association or corporation which establishes, maintains, or operates a psychiatric facility for compensation or hire without holding a valid license issued under this part, and any officer of any association or corporation who participates in the violation shall be fined not more than $1,000 or, in the case of an individual, imprisoned for not more than six months, or both. [L 1967, c 259, pt of §1; HRS §334-22]

Cross References Classification of offense and authorized punishment, see §§701-107, 706-640, 663.

§334-23 Money belonging to patients.

Whenever small amounts of cash come into the hands of the administrator of a psychiatric facility, the administrator may, without seeking the appointment of a guardian, deposit the money in a bank or other financial institution and from time to time as the administrator may determine apply the same or any part thereof for the benefit of the patient, provided that so long as a guardian is not appointed, the administrator shall not apply any part of the cash for the maintenance of the patient in the facility. [L 1967, c 259, pt of § 1; HRS §334- 23; gen ch 1985]

§334-24 Admission; discharge; civil liability.

No person shall be admitted to, detained at, or discharged from any psychiatric facility except as provided in this chapter and in chapters 571, 704 and 706. [L 1967, c 259, pt of § 1; HRS §334-24; am L 1976, c 130, §2]

§334-31 Establishment of state hospital.

There shall be, in the city and county of Honolulu, under the department of health, a suitable hospital for the care, custody, diagnosis, treatment, and rehabilitation of mentally ill persons and of persons who are both mentally ill and habituated to the excessive use of drugs or alcohol, for the training of mental health personnel, and for research in mental illness, drug addiction, and alcoholism. (L 1967, c 259, pt of § 1; HRS §334-3 1; am L 1988, c 13, §1]

§334-32 Special wards.

There may be special or separate wards of the state hospital, of such number and at such locations, either at the main hospital or elsewhere, as the director of health shall order, including wards for the reception and care of persons whose recovery or improvement would, in the judgment of the administrator, be facilitated by hospitalization separate and apart from other patients of the state hospital. [L 1967, c 259, pt of §1; HRS §334-32]

§334-33 REPEALED.

L 1976, c 130, §3.

§334-34 Custody of patients.

The director of health shall be responsible for the safekeeping of all patients who may be admitted to the state hospital and for the enforcement of proper order among and concerning the patients. Any patient of the state hospital, other than a voluntary patient, who leaves or remains away from the hospital, without permission, may be apprehended and returned to the hospital by any employee of the hospital or by any police officer without any warrant or further proceeding. [L 1967, c 259, pt of §1; HRS §334-341

§334-35 Repealed July 1, 2000

§334-36 Repealed July 1, 2000

§334-37 Repealed July 1, 2000

§334-38 Repealed July 1, 2000

Cross References Medical treatment decision declarations, see chapter 327F.

§§334-51 to 58 [OLD] REPEALED.

L 1976, c 130, pt of §4.

§334-59 Emergency examination and hospitalization.

See supplement at end.

§334-60.1 Voluntary admission for nonemergency treatment or supervision.

(a) Acceptance for voluntary inpatient treatment at a psychiatric facility shall be in accordance with usual standards for hospital admissions.

(b) A facility may admit for evaluation, diagnosis, or treatment any individual under fifteen years of age for whom application is made by the individual's parent or guardian. If application for admission is countersigned by a minor aged fifteen through seventeen years before a family court officer, no hearing, shall be necessary. If the minor elects not to sign, involuntary hospitalization proceedings shall be initiated.

(c) A facility shall discharge a voluntary patient who has sufficiently improved so that hospitalization is no longer desirable. A voluntary patient or the patient's guardian, representative, or attorney may request discharge in writing- at any time following admission to the facility. If discharge would be dangerous to the patient or others, proceedings for involuntary hospitalization must be initiated as soon as possible but within twenty-four hours of the receipt by the administrator of the written request for discharge. If that time expires on a Saturday, Sunday, or holiday, the time for initiation is extended to the close of the next court day. Upon the initiation of the proceedings, the facility is authorized to detain the patient until further order of the court. If the patient was admitted on the patient's own application and the request for discharge is made by a person other than the patient, the discharge may be conditioned upon the agreement of the patient.

(d) Notice of right to release. At the time of the patient's admission and each six months thereafter, a voluntary patient and the patient's guardian or representatives shall be notified in writing of the patient's right and how to apply for a discharge. (L 1984, c 188. pt of §3; gen ch 1985] L-

§334-60.2 Involuntary hospitalization criteria.

A person may be committed to a psychiatric facility for involuntary hospitalization, if the court finds:

(1) That the person is mentally ill or suffering from substance abuse-.

(2) That the person is imminently dangerous to self or others, is gravely disabled or is obviously ill; and

(3) That the person is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs which would be less restrictive than hospitalization. [L 1984, c 188, pt of §3. am L 1985, c 75, §2, am L 1986, c 335, §4]

See supplement at end.

§334-60.4 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary hospitalization.

(a) The court shall set a hearing on the petition and notice of the time and place of such hearing shall be served in accordance with, and to those persons specified in, a current order of commitment. If there is no current order of commitment, notice of the hearing shall be served personally on the subject of the petition and served personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, on the subject's spouse, legal parents, adult children, and legal guardian, if one has been appointed. If the subject of the petition has no living spouse, legal parent and adult children, or if none can be found, notice of the hearing shall be served on at least one of the subject's closest adult relatives if any can be found. Notice of the hearing shall also be served on the public defender, attorney for the subject of the petition, or other court-appointed attorney as the case may be. If the subject of the petition is a minor, notice of the hearing shall also be served upon the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition if such person can be found within the State. Notice shall also be given to such other persons as the court may designate.

(b) The notice shall include the following:

(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and of possible consequences to the subject; and a statement of the legal standard upon which commitment is authorized;
(2) A copy of the petition;
(3) A written notice, in plain and simple language, that the subject may waive such a hearing by voluntarily agreeing to hospitalization, or with the approval of the court, to some other form of treatment;
(4) A filled-out form indicating such waiver;
(5) A written notice, in plain and simple language, that the subject or the subject's guardian or representative may apply at any time for a hearing on the issue of the subject's need for hospitalization, if the subject has previously waived such a hearing;
(6) Notice that the subject is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;
(7) Notice that if the subject does not want to be represented by the public defender the subject may contact the subject's own attorney;
(8) Notice, if such be the case, that the petitioner intends to adduce evidence to show that the subject of the petition is an incapacitated or protected person, or both, under Article V of chapter 560, and whether or not appointment of a guardian of the person is sought at the hearing. If appointment of a guardian of the person is to be recommended, and a nominee is known at the time the petition is filed, the identity of the nominee shall be disclosed.

(c) If the subject executes and files a waiver of the hearing, upon acceptance by the court following a court determination that the person understands the person's rights and is competent to waive them, the court shall order the subject to be committed to a facility that has agreed to admit the subject as an involuntary patient or, if the subject is at such a facility, that the subject be retained there. [L 1984, c 188, pt of §3; gen ch 1985]

§334-60.5 Hearing on petition.

See supplement at end.

§334-60.6 Period of detention.

The psychiatric facility may detain a subject for a period of time ordered by the court not to exceed ninety days from date of admission unless sooner discharged by the facility pursuant to section 334-76 or section 334-74. At the end of the ninety-day period the subject shall be discharged automatically except as provided in sections 704-406, 704-41 1, and 706-607, unless before expiration of the period and by a proceeding initiated pursuant to section 334- 60.3 the facility obtains a court order for the subject's recommitment. Recommitment for a period not to exceed ninety days may not be ordered unless the court determines that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist. If at the end of a recommitment period the court finds that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist and are likely to continue beyond ninety days, the court may order recommitment for a period not to exceed one hundred eighty days.

Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60. 1, a patient, for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired, or where the patient is no longer a proper subject for commitment. [L 1984, c 188, pt of §3; gen ch 1985; am L 1988, c 44, §1]

§334-60.7 Notice of intent to discharge.

When the administrator of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2 the administrator shall provide notice of intent to discharge. or if the patient voluntarily agrees to further hospitalization, the administrator shall provide notice of the patient's admission to voluntary inpatient treatment. The notice shall be filed with the court and served personally or by certified mail on those persons whom the order of commitment specifies as entitled to receive notice. If no objection is filed within three days of service, the administrator of the psychiatric facility shall discharge or accept the patient for voluntary inpatient treatment. If any person specified as entitled to receive notice files a written objection to discharge or to the patient's admission to voluntary inpatient treatment on the grounds that the patient is a proper subject for commitment, the court shall conduct a hearing to determine if the patient still meets the criteria for involuntary hospitalization in section 334-60.2. If the court finds that the patient does not meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order of discharge from the commitment. If the court finds that the patient does meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order denying discharge from the commitment. (L 1984, c 188, pt of §3; am L 1988, c 44, §21

§334-61 Presumption; civil rights.

No presumption of insanity or legal incompetency shall exist with respect to any patient by reason of the patient's admission to a psychiatric facility under this chapter. The fact of the admission shall not in itself modify or vary any civil right of any such person, including but not limited to civil service statutes or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law, or the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, and to vote. If the administrator of a psychiatric facility or the deputy is of the opinion that a patient should not exercise any civil right, application for a show cause order shall be made to the court under the above proceedings after notice pursuant to section 334-60.4. [L 1976, c 130, pt of §4-. am L 1977, c 76, pt of §3; am L 1985, c 68, §7]

(a) Service of process and papers upon a patient in a psychiatric facility or a patient on authorized or unauthorized absence from a psychiatric facility shall be made in the following manner:

(1) Service of process and papers relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient and shall also be made personally or by certified mail upon the patient's guardians and the public defender, the patient's attorney or court- appointed attorney; otherwise, service upon the patient shall be incomplete. A copy of the legal process or paper served on a patient under this paragraph shall be given to the administrator of the psychiatric facility or the administrator's deputy and shall be filed with the records of the patient.
(2) Service of process and papers not relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient the patient's guardians, and the administrator of the psychiatric facility or the administrator's deputy; otherwise, service upon the patient shall be incomplete and shall not give the issuing court or agency jurisdiction over the person of the patient. A legal process or paper served under this paragraph shall be filed with the records of the patient, and the administrator of the psychiatric facility or the administrator's deputy shall immediately inform the court or other agency out of which the process or paper issued, in writing, of the date of service and of the mental and physical condition of the patient.

(b) Neither the administrator nor anyone connected with a psychiatric facility shall accept service of process or papers on behalf of a patient. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3; gen ch 1985]

§334-71 Transfer of patients between facilities.

A patient at a psychiatric facility, including those held on court order, may be transferred to another psychiatric facility when the administrator of the sending facility determines that it would be in the best interest of the patient that the patient be transferred and the administrator of the receiving facility agrees to accept the patient; provided that prior notice of such transfer be given to the subject of such transfer and to those persons specified in a current order of commitment. If there is no current order of commitment, notice shall be given to those persons enumerated in section 334-60.4. [L 1967, c 259, pt of § 1; HRS §334-7 1; am L 1976, c 130, §5; am L 1977, c 76, §4; am L 1985, c 68, §81

§334-72 Transfer of veterans.

(a) Upon receipt of a certificate of the Veterans Administration or 'other agency of the United States that facilities are available for the care and treatment of a person previously admitted to a psychiatric facility and that the person is eligible for such care and treatment, the administrator of the psychiatric facility or the administrator's deputy may transfer the person to the Veterans Administration or other agency of the United States for care and treatment except a person admitted or committed on court order as provided in chapters 571 704 and 706 or transferred under section 334-74. The administrator of the sending facility or the administrator's deputy shall send prior notice of such transfer as provided in section 334-7 1. A person transferred under this section shall be deemed to be admitted for hospitalization to any facility of the Veterans Administration or other agency of the United States pursuant to the provisions of part IV. The person, when admitted to a facility operated by or contracting with the Veterans Administration or other agency of the United States, within or without this State, shall be subject to the rules and regulations of the Veterans Administration or other agency of the United States. The chief officer of the Veterans Administration or of the institution operated by any other agency of the United States to which the person is so admitted shall with respect to such person be vested with the same powers as administrators of licensed psychiatric facilities within this State with regard to detention, transfer, authorized absence or discharge. Jurisdiction is retained in this State and specifically in the family court of the circuit in which the sending facility was located to inquire at any time into the mental and physical condition of the person so admitted and to determine the necessity for the person's continued hospitalization, and 0 transfers under this section are so conditioned.

(b) The judgment or order of hospitalization by a court of competent jurisdiction of another state, the District of Columbia, Guam, or Puerto Rico, hospitalizing a person with the Veterans Administration or other agency of the United States for care and treatment shall have the same force and effect with respect to the hospitalized person while in this State with the Veterans Administration or other agency of the United States as in the state or district in which the judgment or order was made, and the court making the judgment or order shall be deemed to have retained jurisdiction of the person so hospitalized for the purpose of inquiring into the mental and physical condition of the person and of determining the necessity for the person's continued hospitalization. Consent is hereby given to the application of the law of the state or district with respect to the authority of the chief officer of the Veterans Administration or of the institution operated by any other agency of the United States in which the person is hospitalized to detain, transfer, place on authorized absence, or discharge the hospitalized person.

(c) Nothing in this section shall be construed as conferring upon the department of health or any other agency or officer of this State any power of licensing, supervision, inspection, or control over hospitals or other institutions operated by the Veterans Administration or other agency of the United States, or over any officers or employees thereof. [L 1967, c 259, pt of § 1; HRS §334-72; am L 1976, c 130, §6; gen ch 1985]

L 1976, c 130, §7.

§334-74 Transfer of residents of correctional facilities.

See supplement at end.

§334-75 Authorized absence.

The administrator of a psychiatric facility or the administrator's deputy may grant authorized absence from the facility to any patient upon such terms and conditions as the administrator or the administrator's deputy may deem advisable, and, as to a patient admitted or committed on court order, with the prior approval of the court for periods in excess of thirty days, and without the approval of the court for periods up to thirty days, or, as to a patient transferred under section 334-74, with the prior approval of the official effecting the transfer; provided that if a patient has been admitted or committed on court order after having been charged with a felony or misdemeanor pursuant to chapter 707, an absence can be authorized only with the prior approval of the court, except where the absence is supervised by the presence of someone from the facility. [L 1967, c 259, pt of § 1. HRS §334-75-, am L 1972, c 14 1, § I-, am L 1982, c 42, § 1; gen ch 1985]

Case Notes Court approval is necessary to authorize leaves from psychiatric facility even if patient has been acquitted of the chapter 707 charges. 69 H. 370, 742 P.2d 373.

§334-76 (OLD) REPEALED.

L 1976, c 130, §9.

§334-76 Discharge from custody.

Subject to any special requirements of law as provided in sections 704-406, 704-41 1, and 706-607 or elsewhere, with respect to patients committed on court order, the administrator of a psychiatric facility, pursuant to section 334-60.7, shall send a notice of intent to discharge or notice of the patient's admission to voluntary inpatient treatment to those persons specified in the order of commitment as entitled to receive notice of intent to discharge and the administrator or the deputy or the physician assuming medical responsibility for the patient shall discharge an involuntary patient when the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2.

Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60. 1, a patient for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired or where the patient is no longer a proper subject for commitment. (L 1977, c 76, §6; am L 1985, c 68, § IO and c 220, §2; am L 1988, c 44, §3]

§334-81 Request for hearing.

At any time after the admission of a patient to a psychiatric facility under part IV of this chapter or after the transfer of a patient to another psychiatric facility under section 334-7 1, the patient or, on the patient's behalf, any member of the patient's family, relative, friend, or responsible person, may obtain a judicial determination of the regularity of the patient's admission or of the need for the patient's continued hospitalization by filing a written request therefor in the family court of the circuit in which the psychiatric facility is located. The form of the request shall be prescribed and supplied free of charge by the court, and the proceedings in connection therewith shall be styled "in the Interest of (the named patient)." The administrator of the psychiatric facility shall assist the patient in obtaining legal counsel if the patient objects to the patient's admission or continued hospitalization. [L 1967, c 259, pt of § 1; HRS §334-8 1; am L 1977, c 76, §7; gen ch 1985]

Law Journals and Reviews For description of procedure under chapter, see Thou Shalt Not Commit, Samuel P. King. 5 HBI 46.

§334-82 Order to show cause; guardian ad litem.

Immediately upon receipt of a request, the court shall issue an order to show cause directed to the administrator of the facility and commanding the administrator to show cause at a date and time certain not later than five days thereafter why the patient should not be discharged forthwith. A copy of the request shall be attached to the order to show cause. The form of the order to show cause shall be prescribed and supplied free of charge by the court. The order to show cause shall issue without cost and may be served as any other civil process or by any responsible person appointed by the court for that purpose. At any stage of the proceedings, the court may appoint a guardian ad litem for the patient. The guardian ad litem may be a member of the bar of the court or any other responsible person. Service on the administrator may be effected by leaving certified copies of the order to show cause and request at the facility with any person exercising authority. [L 1967, c 259, pt of §1; HRS §334-82; gen ch 1985]

Rules of Court Service. see URCP rule 4. Guardian ad litem, see HRCP rule 17(c).

§334-83 Hearing.

The court may take testimony and may examine the patient and after a full and complete hearing shall render a decision in writing, setting forth its findings of fact and conclusions of law. The court may award a fee to the guardian ad litem to be paid out of any property of the patient or funds of the courts available therefor. [L 1967, c 259, pt of §3; HRS §334-83; am L 1973, c 93, pt of §2]

§334-84 Order.

If it is determined that the admission of the patient is regular and that the patient needs continued hospitalization, the court shall issue an order authorizing the detention of the patient at the facility. If it is determined that the admission of the patient is not regular or that the patient does not need continued hospitalization, the court shall issue an order requiring the immediate discharge of the patient from the facility. [L 1967, c 259, pt of § 1; HRS §334-84]

Cross References Report of adjudication to county clerks, see §806-76.

§334-85 Further hearings.

A judicial determination under this part regarding the detention of a patient at the same psychiatric facility may not be demanded as of right more often than once in a period of six months. (L 1967, c 259, pt of § 1; HRS §334-85]

§334-86 Status of patient pending hearing.

Unless otherwise ordered by the court, the authority of the psychiatric facility to detain a patient shall not be diminished by the institution of proceedings under this part until a final order requiring the discharge of the patient. [L 1967, c 259, pt of §1; HRS §334-86]

§334-101 Establishment.

It is the intent of the legislature to establish a statewide system of residential treatment programs which provide a range of available services which will be alternatives to institutional care and are based on principles of residential, community-based treatment.

It is further the intent of the legislature that community residential mental health programs in the State of Hawaii be developed in accordance with the guidelines and principles set forth in this part. To this end, the department may implement the community residential treatment system described in this part either with available allocations or applying for funds from the legislature. Any private, nonprofit, or public organization, or both, within the State is eligible to submit an application for operation under this part.

It is further the intent of the legislature to provide guidelines for such a system to the applicants, while allowing each applicant the flexibility to design a system specific to the nature of the community and the needs of the clients.

It is further the intent of the legislature that the director, in authorizing programs which serve as alternatives to institutionalization, follow the guidelines and principles developed herein. [L 1980, c 221, pt of §2; am L 1986, c 237, §1]

§334-102 Criteria.

The director shall use the following as criteria in determining the eligibility of each applicant:

(1) Facilities:

(A) Settings, whether residential or day, shall be as close to a normal home environment as possible without sacrificing client safety or care;
(B) Residential treatment centers shall be relatively small, preferably fifteen beds or less, but in any case with the appearance of noninstitutional setting; and
(C) The individual elements of the system, where possible, shall be in separate facilities and not part of one large facility attempting to serve an entire range of clients;

(2) Staffing patterns:

(A) Staffing patterns shall reflect, to the maximum extent feasible, at all levels, the cultural, linguistic, ethnic, sexual, and other social characteristics of the community the facility serves;
(B) The programs shall be designed to use appropriate multidisciplinary professional consultation and staff to meet the specific diagnostic and treatment needs of the client; and
(C) Programs shall be encouraged to use paraprofessionals where appropriate;

(3) Programs:

(A) The programs shall have a rehabilitation focus which encourages the client to develop the skills to become self-sufficient and capable of increasing levels of independent functioning where appropriate. They shall include prevocational and vocational programs;
(B) The programs shall encourage the participation of the clients in the daily operation of the setting in development of treatment and rehabilitation planning and evaluation,
(C) Participation in any element of the system shall not preclude the involvement of clients in individual therapy. Individual therapists of clients, where possible, shall be directly involved in the development and implementation of a treatment plan;

(4) Coordination: The programs shall demonstrate specific linkages with one another, and with the general treatment and social service system, as a whole. These connections should not be limited to the mental health system, but shall include, whenever possible, community resources utilized by the general population. To ensure coordination occurs, each program shall include a case management system in which the case manager serves as a coordinator to assure the cooperative operation of the various elements of the system and to act as an active advocate for the clients in the system. The case manager shall assure that each client receives the appropriate type of service. The case manager shall meet regularly with clients, work closely with program staff, and serve as an advocate. The case manager shall work directly with the client and the system to assure continuity of care between the service elements of the system.

§334-103 Program elements.

The following shall he the program elements of the system. These shall be designed to provide, at every level, alternatives to institutional settings. Applicants applying to operate program elements shall show how each of these elements works with the current programs in the community the facility will serve. Applicants may apply for operation under the following program elements:

(1) A short-term crisis residential alternative to hospitalization for individuals experiencing an acute episode or situational crisis. The program shall be available for admissions twenty-four hours a day, seven days a week. The primary focus of this element shall be on reduction of the crisis, stabilization, diagnostic evaluation, and assessment of the person's existing support system, including recommendations for referrals upon discharge. This service in the program shall be designed for persons who would otherwise be referred to an acute inpatient psychiatric unit.

(2) A long-term residential treatment program for clients who would other- wise be living marginally in the community with little or no service support, and who would return many times to the hospital for treatment. It also will serve those who are referred to, and maintained in, state hospitals or nursing homes because they require long-term, intensive support. This service shall be designed to provide a rehabilitation program for the so-called "chronic" patient who needs long-term support in order to develop independent living skills. This program goes beyond maintenance to provide an active rehabilitation focus for these individuals.

(3) A transitional residential program designed for persons who are able t take part in programs in the general community, but who, without the support of counseling, as well as the therapeutic community, would be at risk of returning to the hospital. These programs may employ a variety of staffing patterns and are for persons who are expected to move toward a more independent living setting. The clients shall be expected to play a major role in the functioning of the household, and shall be encouraged to accept increasing levels of responsibility, both in the residential community, and in the community as a whole. Residents are required to be involved in daytime activities outside of the facility which are relevant to their personal goals and conducive to their achieving more self-sufficiency.

(4) A semisupervised, independent, but structured living arrangement for persons who do not need the intensive support of the system elements of paragraph (1), (2), or (3), but who, without some support and structure, are at risk of requiring hospitalization. The small cooperative housing units shall function as independent households with direct linkages to staff support in case of emergencies, as well as for regular assessment and evaluation meetings. Individuals may use satellite housing as a transition to independent living, or may remain in this setting indefinitely in order to avoid the need for more intensive settings. This element is for persons who only need minimum professional or paraprofessional support in order to live in the community. These units should be as normative as the general living arrangements in the communities in which they are developed.

(5) An unsupervised, independent living arrangement for persons who do not need professional or paraprofessional support or supervision or assistance in daily living activities, but for whom the daily presence of peers is desirable for a transition period immediately prior to full release into the community. The living arrangement shall be in a private residence shared by three or more unrelated persons served by any mental health or substance abuse treatment program, including the system elements of paragraph (1), (2), (3), or (4) within a prior twelve-month period. The persons shall be responsible for the payment of all rent, food, utilities, and other necessities, commodities, or services used or consumed, whether payment is made from the persons' own resources or public assistance grants. No service or support shall be provided other than periodic monitoring to determine if the persons are progressing satisfactorily toward full release into the community; except that section 334-102(3)(C) shall apply. 'Me department of health may oversee the operational, fiscal, and resident selection policies for each living arrangement. This element shall be designed and intended to allow persons to be fully released into the community.

§334-104 Least restrictive level of service.

The system shall be developed in such a way that clients may move within the system to the most appropriate, least restrictive level of service. The system shall also allow for direct referral of clients, without requiring that a person pass through the entire system to reach the most appropriate level. [L 1980, c 221, pt of §2]

§334-1051 Evaluation.

An adequate proportion of funds shall be applied to the development and implementation of an appropriate evaluation mechanism. The department, in conjunction with the programs, shall specify the criteria to be used in the evaluation of each program and in the evaluation of the entire system.

By June 30, 1982, the department shall conduct or contract for the evaluation. Evaluation reports shall be transmitted to the legislature. [L 1980, c 221, pt of §21

Facilities operated pursuant to this part shall be licensed under existing licensing categories, including provisional licenses, or accredited pursuant to section 321-193(10). The director shall review the appropriateness of these licensing and accreditation categories. If the director determines that new licensing or accreditation categories are necessary, the director shall issue a report and recommendation to the legislature. [L 1980, c 221, pt of §2; gen ch 1985; am L 1986, c 237, §3]

§334-121 Criteria for involuntary outpatient treatment.

A person may be ordered to obtain involuntary outpatient treatment if the family court finds that:

(1) The person is suffering from a severe mental disorder or from substance abuse; and
(2) The person is capable of surviving safely in the community with available supervision from family, friends, or others; and
(3) The person, at some time in the past: (A) has received inpatient hospital treatment for a severe mental disorder or substance abuse, or (B) has been imminently dangerous to self or others, or is gravely disabled, as a result of a severe mental disorder or substance abuse; and
(4) The person, based on the person's treatment history and current behavior, is now in need of treatment in order to prevent a relapse or deterioration which would predictably result in the person becoming imminently dangerous to self or others-, and
(5) The person's current mental status or the nature of the person's disorder limits or negates the person's ability to make an informed decision to voluntarily seek or comply with recommended treatment; and
(6) There is a reasonable prospect that the outpatient treatment ordered will be beneficial to the person.

§334-122 Definitions.

For the purposes of this part:

"Outpatient treatment" includes medication specifically authorized by court order; individual or group therapy; day or partial day programming activities; services and training, including educational and vocational activities; supervision of living arrangements; and any other services prescribed to either alleviate the person's disorder or disability, to maintain semi-independent functioning, or to prevent further deterioration that may reasonably be predicted to result in the need for hospitalization.

"Outpatient treatment psychiatrist" means the psychiatrist who is responsible for the management and supervision of a person's outpatient treatment under order of the court.

"Subject of the order" means a person who has been ordered by the court to obtain outpatient treatment.

"Subject of the petition" means the person who, under a petition filed under section 334-123, is alleged to meet the criteria for involuntary outpatient treatment. [L 1984, c 25 1, pt of § II

§334-123 Petition.

(a) Any person may file a petition with the family court alleging that another person meets the criteria for involuntary outpatient treatment. The petition shall state:

(1) Each of the criteria numbered (1) through (6) for involuntary outpatient treatment, as set out in section 334-121;
(2) Petitioner’s good faith belief that the subject of the petition meets each of criteria numbered (1) through (4) set forth in section 334-121;
(3) Facts which support petitioner's good faith belief that the subject of the petition meets each of the criteria numbered (1) through (4) set forth in section 334-121, provided that the hearing on the petition need not be limited to the stated facts; and
(4) That the subject of the petition is present within the county where the petition is filed.

The petition shall be executed subject to the penalties of perjury. The petition need not express any belief, or state any supporting facts, with reference to the criteria set forth in section 334-121(5) and (6), but all six criteria will be addressed at the hearing.

(b) The petition may, but need not, be accompanied by any statement of a licensed psychiatrist or other mental health professional who has examined the subject of the petition at any time prior to the submission of the petition.

(c) If the subject of the petition has refused to submit to examination by a licensed psychiatrist, the fact of the refusal shall be alleged in the petition. [L 1984, c 25 1, pt of § 1; am L 1986, c 339, §44]

§334-124 Hearing date.

The family court shall set a hearing date on a petition as soon as possible, but within ten days after filing of the petition. [L 1984, c 25 1, pt of § I]

§334-125 Notice.

(a) Notice of the hearing shall be:

(1) Served personally on the subject of the petition pursuant to family court rules; and
(2) Delivered personally or mailed by certified or registered mail, return receipt requested, deliverable to addressee only, to as many as are known to the petitioner of the subject's spouse, legal parents, adult children, and legal guardian, if one has been appointed. Petitioner shall certify that such notices have been mailed, and to whom, but proof of receipt of such notices is not required. Notice shall also be served on any other person that the court designates.

(b) The notice shall include the following:

(1) The date, time, place of hearing, a clear statement of the purpose of the hearing and possible consequences to the subject, and a statement of the legal standard upon which involuntary outpatient treatment is authorized;
(2) A copy of the petition; and
(3) Notice that the subject of the petition is entitled to be represented by an attorney, and that the court will appoint a public defender or other attorney for the subject if the subject desires one and is indigent.

(c) The family court may continue a hearing for failure to timely notify a person entitled to be notified. [L 1984, c 251, pt of §1]

§334-126 Hearing.

(a) 'Me time and form of the procedure incident to hearing the issues in the petition shall be provided by family court rule and consistent with this part.

(b) The hearing may be held at any convenient place within the circuit. The subject of the petition, any interested person, or the family court upon its own motion may request a hearing in another court because of inconvenience to the parties, witnesses, or the family court or because of the subject's physical or mental condition.

(c) The hearing shall be closed to the public, unless the subject of the petition requests otherwise.

(d) The subject of the petition shall be present at the hearing. However, if the subject has been served with the petition and does not appear at the hearing, the court, in its discretion, may go forward with the hearing.

(e) The subject of the petition need not, but may, be represented by an attorney. If the subject desires an attorney and is indigent, or if the family court determines that the legal or factual issues raised are of such complexity that the assistance of an attorney is necessary for an adequate presentation of the merits or that the subject of the petition is unable to speak for the subject's self, the family court shall order the appointment of a public defender or other attorney to represent the subject and continue the hearing for not more than five days.

(f) If the subject of the petition is represented by an attorney, the attorney shall be allowed adequate time for investigation of the matters at issue and preparation. The attorney shall be permitted to present evidence believed necessary for proper disposition of the proceeding.

(g) No subject of the petition shall be ordered to receive involuntary outpatient treatment unless at least one psychiatrist testifies in person at the hearing who has personally examined the subject within the time period commencing five calendar days before the filing of the petition and ending at the time of the psychiatrist's testimony. The psychiatrist's testimony shall state the facts which support the allegation that the subject meets all the criteria for involuntary outpatient treatment, the recommended outpatient treatment, and the rationale for the recommended outpatient treatment.

If the recommended outpatient treatment includes medication, the psychiatrist's testimony shall describe the types or classes of medication(s) which should be authorized, and describe the physical and mental beneficial and detrimental effects of such medication(s).

If the subject of the petition has refused to be examined by a licensed psychiatrist, the family court may request the subject to consent to examination by a psychiatrist appointed by the court or employed at a community mental health center. If the subject of the petition does not consent and the family court finds sufficient evidence to believe that the allegations in the petition are true, the family court may order the commitment of the subject to a psychiatric facility for examination. The commitment shall not be for more than twenty-four hours. The examining psychiatrist shall submit the findings and recommendations to the family court.

The subject of the petition's refusal to submit voluntarily to examination shall be treated as a denial that the subject is suffering from a severe mental disorder or substance abuse, and a denial that the subject otherwise fits within the criteria for a court order of involuntary outpatient treatment.

Nothing herein shall be construed in a way that limits the subject of the petition's privilege against self-incrimination.

(h) The subject of the petition may secure one or more psychiatric examinations and present the findings as evidence at the hearing. The subject shall be entitled to a psychiatric examination at a community mental health center if the subject so desires, and if an examination has not already been conducted at a community mental health center which will lead to psychiatric testimony at the hearing. [L 1984, c 25 1, Pt of §1]

§334-127 Disposition.

(a) If after hearing all relevant evidence, including the results of an examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for involuntary outpatient treatment, the family court shall dismiss the petition.

(b) If after hearing all relevant evidence, including the results of an examination ordered by the family court, the family court finds by clear and convincing evidence that the subject of the petition meets the criteria for involuntary outpatient treatment, the family court shall order the subject to obtain outpatient treatment for a period of not more than 180 days. The order shall also state the outpatient treatment which the subject is to obtain.

If the court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication(s) outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication(s) to be included in outpatient treatment in the discretion of the outpatient treatment psychiatrist.

The court order shall also state who should receive notice of intent to early discharge in the event that the outpatient treatment psychiatrist determines, prior to the end of the court ordered period of treatment that the subject should be early discharged from outpatient involuntary treatment.

(c) The family court shall also designate on the order the outpatient treatment psychiatrist who is to be responsible for the management and supervision of the subject's outpatient treatment, or shall designate an administrator of a community mental health center to, in turn, designate such an outpatient treatment psychiatrist during the treatment period without court approval, and may designate either a publicly employed psychiatrist, or a private psychiatrist, provided that the private psychiatrist shall agree to the designation. [L 1984, c 25 1, pt of § I]

§334-128 Treatment costs and fees.

Private treatment pursuant to the court order shall be at the expense of the subject of the petition, except to the extent such charges are covered by other laws or programs. Treatment through a community mental health center shall be pursuant to its fee schedules; however, the subject of the order shall not be denied treatment by a community mental health center for failure to pay such fees. [L 1984, c 251, pt of §1]

§334-129 Failure to comply with outpatient treatment.

(a) An outpatient treatment psychiatrist may prescribe or administer to the subject of the order reasonable and appropriate medication, if specifically authorized by the court order, and treatment which is consistent with accepted medical standards and the family court order.

(b) No subject of the order shall be physically forced to take medication or forcibly detained for treatment under a family court order for involuntary outpatient treatment.

(c) The outpatient treatment psychiatrist or psychiatrist's designee shall make all reasonable efforts to solicit the subject's compliance with the prescribed treatment. If the subject fails or refuses to comply after the efforts to solicit compliance, the outpatient treatment psychiatrist shall so notify the court and may submit a petition under part IV for the involuntary hospitalization of the subject, provided that the refusal of treatment shall not constitute evidence toward any of the criteria for involuntary hospitalization. [L 1984, c 251, pt of §1]

§334-130 Discharge.

An outpatient is automatically and fully discharged at the end of the family court ordered period of outpatient treatment, a period of not more than 180 days, unless a new family court order has been obtained as provided hereinbelow. [L 1984, c 251, pt of §1]

§334-131 Early discharge.

An outpatient treatment psychiatrist shall commence the early discharge procedure for a subject of the order if the outpatient treatment psychiatrist finds that the subject no longer meets the criteria for involuntary outpatient treatment.

The outpatient treatment psychiatrist shall send to the clerk of the family court which issued the order for involuntary outpatient treatment, notification that in the psychiatrist's opinion the subject of the order should be discharged prior to the end of the period specified in the court order.

The clerk of the court shall then prepare and mad to the persons whom the family court order specified are entitled thereto, a notice of intent of early discharge. The notice of intent of early discharge shall be mailed at least five days prior to the intended date of discharge.

(b) If no objection is filed under section 334-132 within five days of the mailing of notice, the family court shall enter an order of discharge, and subject of the order is thereupon fully discharged from involuntary outpatient treatment and the clerk of the family court shall promptly so notify the subject of the order. [L 1984, c 251, pt of §1]

§334-132 Objection to discharge.

Any person who has received a notice of intent to early discharge a subject of the order may file an objection with the family court. Upon receipt of an objection, the family court shall hold a hearing on the discharge. The hearing shall be conducted as provided under section 334-134.

If the family court finds by clear and convincing evidence that the subject of the order continues to meet the criteria for involuntary outpatient treatment, the family court shall order the subject to continue the outpatient treatment for the unexpired period of its earlier order.

If the family court finds that the subject of the order does not meet the criteria for involuntary outpatient treatment, the family court shall dismiss the objection and order the early discharge of the subject. [L 1984, c 251, pt of §1]

§334-133 Petition for additional period of treatment; hearing.

Prior to the expiration of the period of involuntary outpatient treatment ordered by the family court, any person, including an outpatient treatment psychiatrist, may file a petition with the family court for an order of continued involuntary outpatient treatment. The petition shall be filed and notice provided in the same manner as under sections 334-123 and 334-125.

The family court shall hold a hearing on the petition and make its decision in the same manner as provided under sections 334-123 to 334-127. The family court may order the continued involuntary outpatient treatment for not more than 180 days after the date of the hearing pursuant to this section.

This section shall be in addition to the provisions on the objection to discharge. [L 1984, c 251, pt of §1]

§334-134 Hearing for discharge.

Any person may petition the family court for the discharge of an order of involuntary outpatient treatment during the period of outpatient treatment if more than sixty days after the most recent hearing involving the subject of the order. The petition shall be filed, notice given, hearing held, and order made in the same manner as provided for the original petition alleging that the subject of the order met the criteria for involuntary outpatient treatment. [L 1984, c 251, pt of §1]

VOLUMES I TO 7 TITLES 1 - 21, CHAPTERS 1 - 398
VOLUME 1
PUBLISHED BY AUTHORITY

PART I. GENERAL AND ADMINISTRATIVE PROVISIONS
SECTION
334-4 PERSONNEL FOR MENTAL HEALTH PROGRAM
334-13 REPRESENTATIVE PAYEE PROGRAM
334-15 MENTAL HEALTH AND SUBSTANCE ABUSE SPECIAL FUND; ESTABLISHED

PART IV. ADMISSION TO PSYCHIATRIC FACILITY
334-59 EMERGENCY EXAMINATION AND HOSPITALIZATION
334-60.3 INITIATION OF PROCEEDING FOR INVOLUNTARY HOSPITALIZATION
334-60.5 HEARING ON PETITION

PART V. TRANSFER. LEAVE, AND DISCHARGE
334-74 TRANSFER OF RESIDENTS OF CORRECTIONAL FACILITIES

Note Drug demand reduction assessments special fund (expires June 30. 1998). L 1995, c 205; L 1996, c7.
Cross References Drug dealer liability act, see chapter 663D.

§334-4 Personnel for mental health program.

The director of health shall appoint professional and nonprofessional staff as the director deems necessary to carry out the state mental health program and for which appropriations are available. Positions for psychiatrists are exempted from chapters 76 and 77. The director may employ psychiatrists as needed by the department of health on a contractual basis, subject to the approval of the governor. The director of health may appoint an administrator, three associate hospital administrators, a risk manager, a patient’s rights advisor, and a facilities plant engineer for the state hospital established pursuant to section 334-31 and these positions shall be exempt from chapters 76and 77. [L 1967, c 259, pt of §1; HRS §334-4; gen ch 1985; am L 1996, c 125, §2]

§334-13 Representative payee program.

(a)There is established a representative payee program within the department of health, to be administered by the director of health, to provide representative payee services to "mentally ill persons," "persons suffering from substance abuse," and persons referred from the department of human services who receive financial assistance and have a primary medical diagnosis of substance abuse.

(b) In developing this program, the department of health shall consider following:

(1) Services to the neighbor islands;
(2) Training for representative payees;
(3) Representative payees for care home residents;
(4) Representative payees for homeless persons;
(5) The use of case managers as representative payees;
(6) The development of due process procedures to protect the rights of mentally ill persons and persons suffering from substance abuse; and
(7) The development and implementation of an inter-agency working agreement with the department of human services to carry out the purposes of this program.

(a) There is established a special fund to be known as the mental health and substance abuse special fund into which shall be deposited all revenues and other moneys collected from certification programs and treatment services rendered by the mental health and substance abuse programs operated by the State. Notwithstanding any other law to the contrary, the department is authorized to establish separate accounts within the special fund for depositing moneys received from certification programs and from each mental health and substance abuse program. Moneys deposited into the respective accounts of each program shall be used for the payment of the operating expenses of the respective program.

(b) The director shall submit a report to the legislature, not later than twenty days prior to the convening of each regular session, which identifies for each account in the special fund, the account balance and ceiling increase, any transfers and expenditures made, and the purposes of the expenditures. [L 199 1, c 243, § 1; am L i995, c 214, §2]

§334-59 Emergency examination and hospitalization.

(a) Initiation of proceedings. An emergency admission may be initiated as follows:

(1) If a police officer has reason to believe that a person is immanently dangerous to self or others, or is gravely disabled, or is obviously ill, the officer shall call for assistance from the mental health emergency workers designated by the director. Upon determination by the mental health emergency workers that the person is imminently dangerous to self or others, or is gravely disabled, or is obviously ill, the person shall be transported by ambulance or other suitable means, to a licensed psychiatric facility for further evaluation and possible emergency hospitalization. A police officer may also take into custody and transport to any facility designated by the director any person threatening or attempting suicide. The officer shall make application for the examination, observation, and diagnosis of the person in custody. The application shall state or shall be accompanied by a statement of the circumstances under which the person was taken into custody and the reasons therefor which shall be transmitted with the person to a physician or psychologist at the facility.

(2) Upon written or oral application of any licensed physician, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee in the course of employment, a judge may issue an ex parte order orally, but shall reduce the order to writing by the close of the next court day following the application, stating that there is probable cause to believe the person is mentally ill or suffering from substance abuse, is imminently dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment, or both, giving the findings on which the conclusion is based, and directing that a police officer or other suitable individual take the person into custody and deliver the person to the nearest facility designated by the director for emergency examination and treatment. The ex parte order shall be made a part of the patient's clinical record. If the application is oral, the person making the application shall reduce the application to writing and shall submit the same by noon of the next court day to the judge who issued the oral ex parte order. The written application shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.

(3) Any licensed physician or psychologist who has examined a person and has reason to believe the person is:

(A) Mentally ill or suffering from substance abuse;
(B) Imminently dangerous to self or others, or is gravely disabled, or is obviously ill; and
(C) In need of care or treatment;

may direct transportation, by ambulance or other suitable means to a licensed psychiatric facility for further evaluation and possible emergency hospitalization. A licensed physician may administer such treatment as is medically necessary, for the person's safe transportation. A licensed psychologist may administer such treatment as is psychologically necessary.

(b) Emergency examination. A patient who is delivered for emergency examination and treatment to a facility designated by the director shall be examined by a licensed physician without unnecessary delay, and may be given such treatment as is indicated by good medical practice. A psychiatrist or psychologist may further examine the patient to diagnose the presence or absence of a mental disorder, assess the risk that the patient may be dangerous to self or others, or is gravely disabled, or is obviously ill, and assess whether or not the patient needs to be hospitalized.

(c) Release from emergency examination. If the physician who performs the emergency examination, in consultation with a psychologist if applicable, concludes that the patient need not be hospitalized, the patient shall be discharged immediately unless the patient is under criminal charges, in which case the patient shall returned to the custody of a law enforcement officer.

(d) Emergency hospitalization. If the physician or the psychologist performs the emergency examination has reason to believe that the patient is:

(1) Mentally ill or suffering from substance abuse;
(2) Imminently dangerous to self or others, or is gravely disabled, or is obviously ill; and
(3) In need of care or treatment, or both,

(e) Release from emergency hospitalization. If at any time during the period of emergency hospitalization the responsible physician concludes that the patient no longer meets the criteria for emergency hospitalization the physician shall discharge the patient. If the patient is under criminal charges, the patient shall be returned to the custody of a law enforcement officer. In any event, the patient must be released within forty-eight hours of the patient's admission, unless the patient voluntarily agrees to further hospitalization, or a proceeding for court- ordered evaluation or hospitalization, or both, is initiated as provided in section 334-60.3. If that time expires on a Saturday, Sunday, or holiday, the time for initiation is extended to the close of the next court day. Upon initiation of the proceedings the facility shall be authorized to detain the patient until further order of the court. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3; am L 1984, c 188, § 1; am L 1985, c 68, §6; am L 1986, c 335, §§2, 3; am L 1992, c 138, §1; gen ch 1993; am L 1994, c 58, §1]

Note Drug court and alternative incarceration programs. L Sp 1995, c 25, §§5 to 23.
Cross References Intermediate sanctions for selected offenders or defendants, see §§353-10.5. 353-63.5, and 706-605. 1,

§334-60.3 Initiation of proceeding for involuntary hospitalization.

(a) Any person may file a petition alleging that a person located in the county meets the criteria for commitment to a psychiatric facility. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition may be accompanied by a certificate of the licensed physician or psychologist who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the signs and symptoms relied upon by the physician or psychologist to determine the person is in need of care or treatment, or both, and whether or not the person is capable of realizing and making a rational decision with respect to the person's need for treatment. If the petitioner believes that further evaluation is necessary before commitment, the petitioner may request such further evaluation.

(b) In the event the subject of the petition has been given an examination, evaluation, or treatment in a psychiatric facility within five days before submission of the petition, and hospitalization is recommended by the staff of the facility, the petition may be accompanied by the administrator's certificate in lieu of a physician's or psychologist's certificate. [L 1984, c 188, pt of §3, gen ch 1985; am L 1994, c 58, §2]

§334-60.5 Hearing on petition.

(a) The court may adjourn or continue a hearing for failure to timely notify a spouse, guardian, relative, or other person determined by the court to be entitled to notice, or for failure by the subject to contact an attorney as provided in section 334-60.4(b)(7) if the court determines the interests of justice so require.

(b) The time and form of the procedure incident to hearing the issues in the petition shall be provided by court rule. Unless the hearing is waived, the judge shall hear the petition as soon as possible and no later than ten days after the date the petition is filed unless a reasonable delay is sought for good cause shown by the subject of the petition, the subject's attorney, or those persons entitled to receive notice of the hearing under section 334-60.4.

(c) The subject of the petition shall be present at all hearings unless the subject waives the right to be present, is unable to attend, or creates conditions which make it impossible to conduct the hearing in a reasonable manner as determined by the judge. A waiver is valid only upon acceptance by the court following a judicial determination that the subject understands the subject's rights and is competent to waive them, or is unable to participate. If the subject is unable to participate, the judge shall appoint a guardian ad litem or a temporary guardian as provided in Article V of chapter 560, to represent the subject throughout the proceedings.

(d) Hearings may be held at any convenient place within the circuit. The subject of the petition, any interested person, or the court on its own motion may request a hearing in another circuit because of convenience to the parties, witnesses, or the court or because of the individual's mental or physical condition.

(e) The attorney general, the attorney general's deputy, special deputy, or appointee shall present the case for hearings convened under this chapter, except that the attorney general, the attorney general's deputy, special deputy, or appointee need not participate in or be present at a hearing whenever a petitioner or some other appropriate person has retained private counsel who will be present in court and will present to the court the case for involuntary hospitalization.

(f) Counsel for the subject of the petition shall be allowed adequate time for investigation of the matters at issue and for preparation, and shall be permitted to present the evidence that the counsel believes necessary to a proper disposition of the proceedings, including evidence as to alternatives to inpatient hospitalization.

(g) No individual may be found to require treatment in a psychiatric facility unless at least one physician or psychologist who has personally examined the individual testifies in person at the hearing. This testimony may be waived by the subject of the petition. If the subject of the petition has refused to be examined by a licensed physician or psychologist, the subject may be examined by a court-appointed licensed physician or psychologist. If the subject refuses and sufficient evidence to believe that the allegations of the petition are true, the court may make a temporary order committing the subject to a psychiatric facility for a period of not more than five days for the purpose of a diagnostic examination and evaluation. The subject's refusal shall be treated as a denial that the subject is mentally ill or suffering from substance abuse. Nothing in this section, however, shall limit the individual's privilege against self-incrimination.

(h) The subject of the petition in a hearing under this section has the right to secure an independent medical or psychological evaluation and present evidence thereon.

(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 of supervision, the court shall order that the individual be discharged if the individual has been hospitalized prior to the hearing. If the court finds that the criteria for involuntary hospitalization under section 334-60.2(1) has been met beyond a reasonable doubt and that the criteria under sections 334-60.2(2) and 334-60.2(3) have been met by clear and convincing evidence, the court may issue an order to any police officer to deliver the subject to a facility that has agreed to admit the subject as an involuntary patient, or if the subject is already a patient in a psychiatric facility, authorize the facility to retain the patient for treatment for a period of ninety days unless sooner discharged. An order of commitment shall specify which of those persons served with notice pursuant to section 334-60.4, together with such other persons as the court may designate, shall be entitled to receive any subsequent notice of intent to discharge, transfer, or recommit.

(j) The court may find that the subject of the petition is an incapacitated or protected person, or both, under Article V of chapter 560, and may appoint a guardian of the person, or property, or both, for the subject under the terms and conditions as the court shall determine. [L 1984, c 188, pt of §3; am L 1985, c 220, § 1; gen ch 1985, am L 1994, c 58, §3]

§334-74 Transfer of residents of correctional facilities.

If any resident of a state correctional facility is in need of hospital treatment for a primary diagnosis of mental illness, the director of public safety or the officer in charge of the correctional facility may file with the director of health an application for the transfer of the resident to the state hospital, together with the certificate of a psychiatrist or psychologist employed by either the department of health, or the department of public safety showing the need for hospital treatment, and, upon approval of the application by the director of health, the official having custody of the resident shall transfer the resident to the state hospital for care and treatment. The official effecting the transfer of the resident shall keep the administrator of the state hospital informed of the maximum period of commitment of the resident to the director of public safety, and, if the continued hospitalization of the resident beyond the expiration of the period is deemed necessary, the administrator of the state hospital shall institute the admission procedures required to detain the resident as a patient notwithstanding the resident's release from the state correctional facility; provided that a judicial hearing pursuant to sections 334-60.2 to 334-60.7 be held by the same circuit court that sentenced the resident. In the event that discharge from the hospital occurs before the expiration of the maximum period of commitment or confinement, the resident shall be returned to the appropriate state correctional facility. As used in this section, "resident" means any person serving a sentence in a state correctional facility or any child or minor detained in a state correctional facility. [L 1967, c 259, pt of § 1; HRS §334-74; am L 1976, c 130, §8; am L 1977, c 76, §5; am L 1985, c 68, §9: am L 1987, c 338, § 10; am L 1988, c 14, § 1; am L 1989, c 21 1, §8; am L 1994, c 153. §3]

Note Drug court and alternative incarceration programs. L Sp 1995, c 25, §§5 to 23.
Cross References Intermediate sanctions for selected offenders or defendants, see §§353-10.5. 353-63.5, and 706-605. 1.

Note Drug court and alternative incarceration programs. L Sp 1995, c 25, §§5 to 23.
Cross References Intermediate sanctions for selected offenders or defendants, see §§353-10.5, 353-63.5, and 706-6054 1.

Note Drug court and alternative incarceration programs. L Sp 1995, c 25, §§5 to 23.
Cross References Intermediate sanctions for selected offenders or defendants. see §§353-10.5. 353-63.5, and 706-605. 1.