Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-68 - Rights concerning hospitalization as a result of unfitness to proceed or acquittal

Current through June, 2024
(a) Any consumer
				  committed by a court to the custody of the director of health for detention,
				  care, and treatment in an institution because of unfitness to proceed shall be
				  informed by facility staff verbally and in writing within one week of admission
				  and at least annually thereafter of the right to apply at any time to the court
				  for a determination that the consumer has regained fitness to proceed and to
				  request a hearing. Notation of who provided this information to the consumer
				  and when it was provided shall be placed in the consumer's clinical
				  record.
(b) The director shall
				  report to the court within 90 days of admission of a consumer committed because
				  of unfitness to proceed, and every 90 days thereafter until discharge, on
				  whether the consumer presents a substantial likelihood of becoming fit to
				  proceed in the future.
(c) Any
				  consumer committed by a court to the custody of the director of health for
				  detention, care and treatment in institution because of acquittal shall be
				  informed by facility staff verbally and in writing within ninety days of
				  admission, and at least annually thereafter if a previous determination by the
				  court was adverse to an application, of the right to apply in writing to the
				  court for an order of discharge or conditional release. Notation of who
				  provided this information to the consumer and when it was provided shall be
				  placed in the consumer's clinical record.
(d) A consumer who wishes to apply to the
				  court for a determination of regained fitness to proceed, or for discharge or
				  conditional release, shall be assisted by facility staff to apply.
(e) When the clinical director of the
				  facility determines that there is substantial clinical evidence that a consumer
				  committed under provision of section
				  704-411,
				  HRS, may be discharged or released on condition without danger to self or
				  others or that the consumer no longer presents a risk of danger to self or
				  others because of the effect of treatment, and there is substantial evidence
				  that the consumer can be controlled adequately and will continue to receive
				  proper care, supervision, and treatment following discharge or conditional
				  release:
(1) Within five working days of the
				  clinical determination, the facility administrator shall prepare a statement
				  setting forth the clinical findings supporting a conclusion in favor of
				  discharge or conditional release including a summary of all pertinent clinical
				  data. Copies of the statement shall be provided to the consumer and the
				  director of health.
(2) The
				  director of health shall determine if there is sufficient evidence to petition
				  for a judicial hearing and, if so, shall submit the petition to the court and
				  provide a copy of the petition to the prosecuting attorney of the county from
				  which the consumer was committed.