Haw. Rev. Stat. § 353-13.6

Current through Chapter 253 of the 2024 Legislative Session

Section 353-13.6 - Involuntary medical treatment criteria

(a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that:

(1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others;

(2) Treatment with medication is medically appropriate; and

(3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee.

(b) For the purposes of this section:

"Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility.

"Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided.

HRS § 353-13.6

Amended by L 2016, c 35,§ 1, eff. 4/29/2016.

Added by L 2011, c 72, § 2, eff. 7/1/2011.