HRS §334-76
Rules for releasing patients from a psychiatric facility
This section explains how a psychiatric facility must handle the release of a patient who was committed by a court. It requires the facility to notify certain people before discharge, and it allows a patient to stay voluntarily after their commitment ends. The facility must release a patient when they no longer meet the criteria for involuntary hospitalization.
courts
The statute, as written — [OLD] REPEALED
L 1976, c 130, §9. §334-76 Discharge from custody. (a) Subject to any special requirements of law as provided in sections 704-406, 704-411, and 706-607 or elsewhere, with respect to patients committed on court order from a criminal proceeding, the administrator of a psychiatric facility, the administrator's deputy, or the attending physician, pursuant to section 334-60.7, shall: (1) Send a notice of intent to discharge or notice of the patient's admission to voluntary inpatient treatment to those persons specified in the order of commitment as entitled to receive notice of intent to discharge, by mail at their last known address; and (2) In cases where the commitment directly resulted from legal proceedings under chapter 704 or 706, send a notice of intent to discharge or notice of the patient's admission to voluntary inpatient treatment to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically. (b) The administrator, the administrator's deputy, or the physician assuming medical responsibility for the patient shall discharge an involuntary patient when the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2. (c) Nothing in this section shall preclude a psychiatric facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired or where the patient is no longer a proper subject for commitment.
Sections this one refers to
§334-60.1 How voluntary mental health admission and discharge work
§334-60.7 Notice before discharging an involuntary patient
§704-406 What happens when a defendant is found unfit for trial and later becomes fit
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