Bill > SB2288

This bill aims to improve the legal framework for addressing individuals with mental illness or substance abuse issues who pose a danger to themselves, others, or property, particularly those who repeatedly commit minor offenses. It clarifies the definition of "imminently dangerous" to mean a person likely to cause harm within 45 days without intervention and expands the definition of "dangerous to others" to include threats or attempts to commit crimes against others. The bill modifies procedures for assisted community treatment and involuntary hospitalizations, allowing courts to order treatment for individuals who are mentally ill and have a history of non-adherence to treatment that led to dangerous behavior. Crucially, it streamlines the determination of criminal responsibility and fitness to proceed in court, establishing that defendants found not guilty due to severe cognitive impairment (a mental disease, disorder, or defect that prevents understanding the wrongfulness of their actions or conforming their conduct to the law) will be subject to court-ordered treatment, rather than automatically being released without it. This includes provisions for involuntary treatment in facilities, less restrictive community-based treatment, and court-ordered participation in programs like addiction treatment or job training, with the goal of ensuring public safety and promoting the individual's reentry into the community. The bill also revises examination procedures for defendants' mental condition, requiring more comprehensive reports and streamlining the process for determining fitness to proceed and penal responsibility. It repeals several outdated sections related to these processes and makes conforming amendments to laws concerning firearms ownership and the reporting of forensic patient data.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2288&year=2026