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GM 1152

Informing the Legislature that on May 27, 2026, the Governor signed the following bill into law: HB2505 HD1 SD1 CD1 (ACT 052).

2026 Regular Session

The bill creates a pathway from involuntary hospitalization to assisted community treatment (ACT) by enabling clinical teams to seek ACT petitions and outlining duties of outpatien

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Bill Summary · GM 1152

Summary of GM 1152 (HB 2505, HD 1, SD 1, CD 1) – Hawaii, 2026

Purpose and intent

  • Informational measure noting that HB 2505 was signed into law on May 27, 2026, and enacted as Act 052.
  • The bill itself makes changes to Hawaii’s statutory framework for assisted community treatment (ACT) within the broader system of involuntary commitment and outpatient mental health services.

Key provisions and changes

  • Amends Section 704-421, Hawaii Revised Statutes, to modify procedures when a defendant (person committed to custody of the director of health or under release on conditions) may eventually be subjected to assisted community treatment (ACT) rather than involuntary hospitalization.
  • Trigger and decision points:
    • If the clinical team determines the defendant meets involuntary hospitalization criteria (as set forth in section 334-60.2), the director of health must file a petition for involuntary hospitalization with the family court within seven days of that determination. If granted, the defendant remains hospitalized for the period allowed by section 334-60.6.
    • If the defendant does not meet the hospitalization criteria or the court denies the hospitalization petition, the clinical team must consider an assisted community treatment plan (ACT) under part VIII of chapter 334.
  • ACT implementation steps:
    • If ACT is deemed appropriate, the clinical team must identify a community mental health outpatient program (CMHOP) that agrees to provide the required services if the ACT petition is granted.
    • A certificate for ACT must be prepared by a psychiatrist or an advanced practice registered nurse (APRN) from the clinical team or the CMHOP, including a written treatment plan for the defendant.
    • The CMHOP or the clinical team must provide the defendant with a copy of the ACT certificate.
    • The director of health or the CMHOP must file the ACT petition with the family court within ten days of providing the certificate to the defendant.
  • Custody and court timing:
    • While an ACT petition is pending, the defendant who is in the director of health’s custody remains in custody unless the court orders otherwise or the judge allows release during pendency.
  • Technical notes:
    • Revisions involve clarifying responsibilities for identifying an outpatient program, preparing the ACT certificate, and filing the ACT petition.

Who is affected

  • Defendants who are under custody of the Hawaii Department of Health or under conditional release and are being considered for mental health treatment orders.
  • Mental health professionals in state clinical teams (psychiatrists or APRNs) and CMHOPs who participate in evaluating eligibility for ACT and preparing the required certificates and treatment plans.
  • The family court system, which handles petitions for involuntary hospitalization and ACT.

Procedural and timeline elements

  • Seven-day deadline: If criteria for involuntary hospitalization are met, the director of health must file a petition within seven days.
  • Ten-day deadline: After the ACT certificate is provided to the defendant, the director of health or CMHOP must file the ACT petition with the family court within ten days.
  • Custody while petition is pending: The defendant generally remains in custody until a family court decision on the ACT petition, though the judge may order release during pendency.

Effective date

  • The act takes effect on July 1, 2026.

Contextual notes

  • The legislation provides a pathway from involuntary hospitalization to an assisted community treatment framework when hospitalization is not warranted, outlining responsibilities for clinical teams, outpatient programs, and the court system to ensure continuity of care and oversight for individuals with serious mental illness.

Compiled from official sources — confirm details with the bill’s official record.

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