Hawaii Revised Statutes 334-74 – Transfer of residents of correctional facilities
Terms Used In Hawaii Revised Statutes 334-74
- Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
- Department: means the department of health. See Hawaii Revised Statutes 334-1
- Director: means the director of health. See Hawaii Revised Statutes 334-1
- Discharge: means the formal termination on the records of a psychiatric facility of a patient's period of treatment at the facility. See Hawaii Revised Statutes 334-1
- Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
- Treatment: means the broad range of emergency, out-patient, intermediate, domiciliary, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, career counseling, and other special services which may be extended to handicapped persons. See Hawaii Revised Statutes 334-1
If any resident of a state correctional facility is in need of acute psychiatric treatment for mental illness, the director of corrections and rehabilitation or the officer in charge of the correctional facility may file with the director an application for the transfer of the resident to a facility operated by the department of health or at which the director of health contracts for services, together with the certificate of a psychiatrist or psychologist employed by the department showing the need for such treatment, and, upon approval of the application by the director, the official having custody of the resident shall transfer the resident to the facility operated by the department or at which the director contracts for care and treatment. The official effecting the transfer of the resident shall keep the director informed of the maximum period of commitment of the resident to the director of corrections and rehabilitation, and, if the continued care of the resident beyond the expiration of the period is deemed necessary, the director shall institute the procedures required to detain the resident as a patient notwithstanding the resident’s release from the state correctional facility; provided that a judicial hearing pursuant to sections 334-60.2 to 334-60.7 be held by the same circuit court that sentenced the resident. In the event that discharge from the facility operated by the department or at which the director contracts for services occurs before the expiration of the maximum period of commitment or confinement, the resident shall be returned to the appropriate state correctional facility.
As used in this section, “resident” means any person serving a sentence in a state correctional facility or any child or minor detained in a state correctional facility.