C.
Involuntary Hospitalization
Note
Sections 334-60.2 to 334-60.7 designated as subpart C by L
2025, c 219, §3(3).
§334-60.2 Involuntary
hospitalization criteria. An individual may be committed to a psychiatric
facility for involuntary hospitalization if the court finds:
(1) That the individual is mentally ill or suffering
from substance abuse;
(2) That the individual is imminently dangerous to
self or others; and
(3) That the individual is in need of care or
treatment, or both, and there is no suitable alternative available through
existing facilities and programs that would be less restrictive than
hospitalization. [L 1984, c 188, pt of §3; am L 1985, c 75, §2; am L 1986, c
335, §4; am L 2013, c 221, §§5, 24; am L 2016, c 114, §6; am L 2025, c 219, §6]
Cross References
Intermediate sanctions for selected offenders and defendants,
see §§353-10.5, 353-63.5, and 706-605.1.
Law Journals and Reviews
Risky Business: Assessing Dangerousness in Hawai`i. 24 UH
L. Rev. 63 (2001).
Case Notes
In light of the definition of "dangerous to self"
under §334-1, person's refusal to take medications and person's racist remarks
to strangers constituted insufficient evidence to support family court's
finding that person was imminently and substantially dangerous to person's
self. 102 H. 528 (App.), 78 P.3d 341 (2003).
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1988–2023 · leading case:
In Re Doe, 78 P.3d 341 (Haw. App. 2003).
In Re Doe, 78 P.3d 341 (Haw. App. 2003).
· cites it 10× “HRS § 334-60.2 (1993) (emphasis added). The first criterion must be established by the "beyond a reasonable doubt" standard, and the second and third criteria must be established by the "clear and convincing evidence" standard.”
Heller v. Doe Ex Rel. Doe, 509 U.S. 312 (1993).
· cites it 2× “1992) (mental illness); Haw. Rev. Stat. § 334-60.2 et seq. (1985 and Supp.”
People v. Stevens, 761 P.2d 768 (Colo. 1988).
· cites it 2× “Haw.Rev.Stat. § 334-60.2 (1985) (imminently dangerous); Mont.”
State v. K.E.W., 315 S.W.3d 16 (Tex. 2010).
“§ 36-501 (can reasonably be expected to result in serious physical harm); Haw.Rev. Stat. § 334-60.2 (imminently dangerous); Iowa Code § 229.”
United States v. Christopher Perkins, 67 F.4th 583 (4th Cir. 2023).
“”); Haw. Rev. Stat. Ann. § 334-60.2 (3) (West 2022) (A court must find “[t]hat the person is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs which would be less restrictive than hospitalization.”
— Haw. Rev. Stat. § 334-60.2(3) — 1 case
People v. Stevens, 761 P.2d 768 (Colo. 1988).
“Haw.Rev.Stat. § 334-60.2 (1985) (imminently dangerous); Mont.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.