§334-74 - Transfer of residents of correctional facilities.

§334-74  Transfer of residents of
correctional facilities.  If any resident of a state correctional facility
is in need of acute psychiatric treatment for mental illness, the director of
public safety 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
public safety, 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. [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 L
1987, 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.