Haw. Code R. § 11-175-68 - Rights concerning hospitalization as a result of unfitness to proceed or acquittal

(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.

Notes

Haw. Code R. § 11-175-68

[Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: HRS §§ 334-34; 334-35)