§353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment. (a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, on either the person's legal guardian or emergency contact listed while in the custody of the department, if such person can be located and served. Notice of the hearing shall also be served on the public defender, person's attorney, or other court-appointed attorney, as the case may be. If the person who is the subject of the petition is a minor, notice of the hearing shall also be served upon the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition if that person can be found within the State. Notice shall also be given to the other persons as the court may designate.
(b) The notice required by subsection (a) shall include:
(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and of possible consequences to the person who is the subject of the petition, and a statement of the legal standard upon which treatment is authorized;
(2) A copy of the petition;
(3) Written notice, in plain and simple language, that the person may waive the hearing by voluntarily agreeing to the care or treatment proposed;
(4) A completed form indicating the waiver described in paragraph (3) if the person waived the hearing;
(5) Written notice, in plain and simple language, that the person or the person's guardian or representative may apply at any time for a hearing on the issue of the person's need for care or treatment if the person has previously waived a hearing;
(6) Notice that the person is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;
(7) Notice that if the person does not want to be represented by the public defender, the person may contact the person's own attorney; and
(8) Notice, if applicable, that the petitioner intends to present evidence to show that the person is an incapacitated or protected person, or both, under article V of chapter 560, and whether the appointment of a guardian is sought at the hearing. If appointment of a guardian is to be recommended, and a nominee is known at the time the petition is filed, the identity of the nominee shall be disclosed.
(c) If the person who is the subject of the petition executes and files a waiver of the hearing, then upon acceptance by the court following a court determination that the person understands the person's rights and is competent to waive them, the court shall order the person to be given the care or treatment as the court deems to be proper under the circumstance. [L 2011, c 72, pt of §2; am L 2016, c 35, §3]
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.