§353-13.7 Initiation of proceeding for involuntary medical treatment. (a) The director, or the director's designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the department meets the criteria for involuntary medical treatment under section 353-13.6. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public and shall be filed in the circuit court of the circuit wherein the person who is the subject of the petition is in custody. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition may be accompanied by an affidavit or declaration of the licensed physician or psychologist who has examined the person within five days prior to submission of the petition, unless the person whose treatment is sought has refused to submit to a medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The affidavit or declaration shall set forth the signs and symptoms relied upon by the physician or psychologist to determine whether the person is in need of treatment, whether the person is capable of realizing and making a rational decision with respect to the person's need for treatment, and the recommended treatment. If the petitioner believes that further evaluation is necessary before treatment, the petitioner may request such further evaluation.
(b) If the person has been given an examination, evaluation, or treatment in a psychiatric facility or by the department within five days before the filing of the petition, and treatment is recommended by the staff of the facility or the department, the petition may be accompanied by an affidavit or declaration of the department's medical director or the mental health administrator in lieu of a physician's or psychologist's affidavit or declaration. [L 2011, c 72, pt of §2; am L 2016, c 35, §2]
Structure Hawaii Revised Statutes
353-1 to 353-50 OLD REPEALED. §353-1 Definitions; director may delegate powers.
353-5 Offender release recommendations to the court.
353-6 Establishment of community correctional centers.
353-6.2 Community correctional centers; periodic reviews of pretrial detainees.
353-6.5 Gender-responsive, community-based programs for female offenders.
353-7 High security correctional facility.
353-8 Conditional release centers for committed persons.
353-9 Establishment of temporary correctional facilities.
353-10 Intake service centers.
353-10.5 Intermediate sanctions; eligibility; criteria and conditions.
353-11.5 Restricted access to correctional facilities.
353-12 Correctional records, documents.
353-12.5 Public assistance; inmates; monthly reports to department of human services.
353-13 Examination by medical officer.
353-13.2 REPEALED. L 1998, c 194, §10.
353-13.4 Substance abuse testing of inmates.
353-13.5 Election of private medical or psychological care by prisoners.
353-13.7 Initiation of proceeding for involuntary medical treatment.
353-14 Cash furnished discharged committed person, when.
353-15 Transfer of committed persons affected with communicable disease.
353-16 Transfer of committed felon to federal institution.
353-16.2 Transfer of inmates to out-of-state institutions.
353-16.3 Development of out-of-state Hawaii correctional facilities.
353-16.5 Transfer of offenders under treaty; authority of governor.
353-16.35 Development or expansion of in-state correctional facilities.
353-16.36 Contracts for construction of correctional facilities by private entities.
353-16.37 Community partnering.
353-17 Committed persons, furlough, employment.
353-18 Director to fix committed persons' compensation.
353-19 Compensation for labor or training by committed persons.
353-20 Custody of moneys; accounts for committed persons, etc.
353-21 Withdrawals; forfeitures; etc.
353-22 Earnings exempt from garnishment, etc.
353-22.8 Orders for payment of child support.
353-23 Disposition of property subject to action for damages.
353-24 Conservators of committed persons, appointed when.
353-25 Powers and duties of conservator.
353-26 Removal of conservator.
353-27 Compensation; expenses.
353-28 Property given to committed persons.
353-28.5 Visits from family members.
353-29 What officials may visit.
353-31 Revolving funds for correctional facility stores.
353-34 Probation services fee; assessment.
353-35 Incarcerated parents; data collection.
353-61 Hawaii paroling authority; appointment; tenure; qualifications.
353-62 Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff.
353-63 Service of Hawaii paroling authority members; compensation; expenses.
353-63.5 Intermediate sanctions; eligibility; criteria and conditions.
353-64 Committed persons paroled.
353-65.5 Reports to county clerk.
353-66 Terms and conditions of parole; suspension and revocation.
353-66.5 Suspension or revocation; arrest warrants arising from traffic violations.
353-67 Education as condition for paroles.
353-68 Parole, how initiated and granted.
353-71 Parole officer and assistant parole officers.
353-72 Pardons; reference to paroling authority.
353-101 Authorization to director of public safety or the appropriate officer and the governor.
353-103 Validity of existing contracts.
353-122 Limitation on use of restraints.
353-133 Satisfaction of victims' rights to notification.
353-134 Compliance by department; no cause of action.
353-135 Law enforcement cooperation.
353-136 Automated victim information and notification system special fund; authorization of payment.
353-137 Automated victim information and notification system governance committee.