Report Title:

Civil Commitment; Substance Abuse; Inpatient Treatment; Drugs

Description:

Allows a court, in its discretion, to order 14 days of inpatient treatment in civil commitment proceedings.

HOUSE OF REPRESENTATIVES

H.B. NO.

932

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to substance abuse.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Part IX of Chapter 334, Hawaii Revised Statutes, is amended by amending the title to read:

"[[]PART IX[]] CIVIL COMMITMENT FOR SUBSTANCE ABUSE

OUTPATIENT AND INPATIENT TREATMENT"

SECTION 2. Section 334-142, Hawaii Revised Statutes, is amended to read as follows:

"[[]§334-142[]] Petition. Any family member may petition the family court for an order requiring a respondent to enter into [an outpatient] a treatment program for substance abuse. The petition shall be in writing under penalty of perjury and include facts relating to:

(1) The conduct of the respondent that indicates substance abuse or addiction;

(2) The respondent's history of substance abuse, treatment, and relapse;

(3) The effects of the respondent's conduct on the family;

(4) The petitioner's good faith belief that the respondent poses an imminent danger to self or to others if the respondent does not receive treatment;

(5) The availability of treatment and financial resources to pay for treatment; and

(6) Any other reason for seeking court intervention."

SECTION 3. Section 334-144, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The court may grant the petition if it finds clear and convincing evidence that:

(1) The respondent has a history of substance abuse and refuses to enter treatment voluntarily;

(2) The respondent has a family support system that will encourage and participate in the respondent's treatment program;

(3) The respondent can benefit from [outpatient] treatment [and];

(4) The respondent is capable of surviving safely in the community with the family support system and if outpatient treatment is received;

[(4)] (5) The respondent or the petitioner has financial resources to pay for [the] an outpatient treatment program;

[(5)] (6) The respondent poses an imminent danger to self or to others if treatment is not received; and

[(6)] (7) The respondent understands the nature of the proceeding and the effect of the court order to enter into [outpatient] treatment.

(c) The court order shall be limited to ninety days of outpatient treatment[.] or, at the court's discretion, fourteen days of inpatient treatment. Upon renewal of the petition, the court may extend the petition for an additional ninety days[.] of outpatient treatment or an additional fourteen days of inpatient treatment."

SECTION 4. Section 334-148, Hawaii Revised Statutes, is amended to read as follows:

"[[]§334-148[]] Application. Notwithstanding any other law to the contrary, this part shall apply to all petitions filed by family members seeking involuntary [outpatient] commitment, including outpatient and inpatient commitment, of the respondent with substance abuse as the primary diagnosis."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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