Hearing on petition
HRS §353-13.9
in effect353-13.9. Hearing on petition
(a) The court may adjourn or continue a hearing for failure to timely notify either the person's legal guardian or emergency contact listed while in the custody of the department, or other person determined by the court to be entitled to notice, or for failure by the person who is the subject of the petition to contact an attorney as provided in section 353-13.8, if the court determines that an adjournment or continuance is in the interest of justice.
(b) Unless the hearing is
waived, the court shall hear the petition as soon as possible and no later than
ten days after the date the petition is filed unless a reasonable delay is
sought for good cause shown by the person who is the subject of the petition,
the person's attorney, the petitioner, the guardian or guardian ad litem, or
those persons entitled to receive notice of the hearing under section 353-13.8.
(c) The person who is the
subject of the petition shall be present at all hearings unless the person
waives the right to be present, is unable to attend, or creates conditions that
make it impossible to conduct the hearing in a reasonable manner as determined
by the court. A waiver is valid only upon acceptance by the court following a
judicial determination that the person understands the person's rights and is
competent to waive them, or is unable to participate. At any point during the
proceedings and after the filing of the petition, the court may appoint a
guardian ad litem or a temporary guardian, as provided in article V of chapter
560, to represent the person throughout the proceedings, if the court finds
that the person is unable to participate or that other good cause exists.
(d) Hearings may be held at
a convenient location within the circuit where the person who is the subject of
the petition resides or any other circuit deemed appropriate by the court. The
person or any interested person may request a hearing in another circuit
because of convenience to the parties, witnesses, or the court, or because of
the person's mental or physical condition.
(e) The attorney general,
the attorney general's deputy, special deputy, or appointee shall present the
case for hearings convened under this section.
(f) Counsel for the person
who is the subject of the petition shall be allowed adequate time for
investigation of the matters at issue and for preparation, and shall be
permitted to present evidence that the counsel believes necessary to a proper
disposition of the proceedings.
(g) No person who is the
subject of the petition shall be found to require care or treatment unless at
least one physician or psychologist who has personally examined or attempted to
examine the person testifies in person at the hearing. This testimony may be
waived by the person. If the subject has refused to be examined by a licensed
physician or psychologist, the person may be examined by a court-appointed
licensed physician or psychologist. If the person refuses and there is
sufficient evidence to believe that the allegations of the petition are true,
the person's refusal shall be treated as a denial that the person is in need of
involuntary medical treatment. Nothing in this section shall limit the
person's privilege against self-incrimination.
(h) The person who is the
subject of the petition in a hearing under this section has the right to secure
an independent medical or psychological evaluation at the person's own expense
and present evidence thereon.
(i) If the court finds that
the criteria for involuntary medical treatment under section 353-13.6 have been
met by clear and convincing evidence, the court may issue an order to authorize
the department to involuntarily medically treat the person for a period of up
to one year unless the person is sooner released or sooner determined to no
longer be in need of treatment. If so specified by the court, however, the
order may remain in effect if the person who is the subject of the petition is
released but returns to custody during the maximum period of the order, if the
underlying criminal case is still active or the sentence has not been fully
served, unless the person is sooner determined to no longer be in need of
treatment.
(j) The court may find that
the person who is the subject of the petition is an incapacitated or protected
person, or both, under article V of chapter 560, and may appoint a guardian or
conservator, or both, for the person under the terms and conditions as the
court shall determine.
(k) Prior to the expiration
of an existing involuntary treatment order, the department may move for an
extension of the order for a period of up to one year. An extension may be
ordered by the court upon a showing that the subject of the order continues to
meet the criteria set forth in section 353-13.6. Any extension request shall
follow the notice requirements set forth in section 353-13.8.
[L 2011, c 72, pt of §2; am L
2016, c 35, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0353/HRS_0353-0013_0009.htmFetched: 11/10/2026