Bill > SB3142

This bill establishes new offenses for "dangerous intoxication," which occurs when someone is on public property under the influence of alcohol or drugs and is unable to care for themselves, creates a risk of harm, or obstructs public ways, and "habitual dangerous intoxication" for repeat offenders. Instead of immediate arrest for dangerous intoxication, law enforcement officers are required to place individuals in "civil protective custody" (a temporary, non-criminal detention for examination at a health facility) if possible, which then bars criminal prosecution for that incident. This civil protective custody process is linked to emergency examinations and potential hospitalization under existing mental health and substance abuse laws, with specific timelines and procedures. For habitual dangerous intoxication offenders, the bill mandates probation with mandatory substance use disorder treatment, with jail time only if probation is violated. The bill also makes conforming amendments to existing laws to integrate these new provisions, particularly concerning emergency examinations and assisted community treatment for individuals taken into civil protective custody.

Health and Social Services, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3142&year=2026