Involuntary medical treatment criteria
HRS §353-13.6
in effect353-13.6. 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.
[L 2011, c 72, pt of §2; am L
2016, c 35, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0353/HRS_0353-0013_0006.htmFetched: 11/10/2026