§334-74  Transfer of residents ofcorrectional facilities.  If any resident of a state correctional facilityis in need of acute psychiatric treatment for mental illness, the director ofpublic safety or the officer in charge of the correctional facility may filewith the director an application for the transfer of the resident to a facilityoperated by the department of health or at which the director of healthcontracts for services, together with the certificate of a psychiatrist orpsychologist employed by the department showing the need for such treatment,and, upon approval of the application by the director, the official havingcustody of the resident shall transfer the resident to the facility operated bythe department or at which the director contracts for care and treatment.  Theofficial effecting the transfer of the resident shall keep the directorinformed of the maximum period of commitment of the resident to the director ofpublic safety, and, if the continued care of the resident beyond the expirationof the period is deemed necessary, the director shall institute the proceduresrequired to detain the resident as a patient notwithstanding the resident’srelease from the state correctional facility; provided that a judicial hearingpursuant to sections 334-60.2 to 334-60.7 be held by the same circuit courtthat sentenced the resident.  In the event that discharge from the facilityoperated by the department or at which the director contracts for servicesoccurs before the expiration of the maximum period of commitment orconfinement, the resident shall be returned to the appropriate statecorrectional facility.

As used in this section, “resident” means anyperson serving a sentence in a state correctional facility or any child orminor detained in a state correctional facility. [L 1967, c 259, pt of §1; HRS§334-74; am L 1976, c 130, §8; am L 1977, c 76, §5; am L 1985, c 68, §9; am L1987, c 338, §10; am L 1988, c 14, §1; am L 1989, c 211, §8; am L 1994, c 153,§3; am L 1999, c 119, §6]

 

Cross References

 

  Intermediate sanctions for selected offenders and defendants,see §§353-10.5, 353-63.5, and 706-605.1.