Form KMH-15 "Order Revoking Conditional Release, Committing Defendant to the Custody of the Director of Health" - Hawaii

What Is Form KMH-15?

This is a legal form that was released by the Hawaii State Judiciary - a government authority operating within Hawaii. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on October 1, 2018;
  • The latest edition provided by the Hawaii State Judiciary;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form KMH-15 by clicking the link below or browse more documents and templates provided by the Hawaii State Judiciary.

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Download Form KMH-15 "Order Revoking Conditional Release, Committing Defendant to the Custody of the Director of Health" - Hawaii

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(
KMH-15) OrderRevokeCRCommDOH (rev 10/2018)
FAX Distribution to:
Prosecutor
808 241-1758
Defense Attorney
Public Defender 808 274-3422
Private Attorney
Adult Probation
808 482-2652
State Designate
808 832-1855
nd
2
Examiner Dr.
rd
3
Examiner Dr.
KCMHC Forensics
808 241-3133
AMHD Forensics
808 777-6169
Sheriff Division
808 482-2389
KPD Cellblock
808 241-1645
KCCC
808 241-3059
OCCC
808 832-1412
HSH Forensics
808 236-8716
Kahi Mohala
808 677-2810
Other
Other
IN THE ______________ COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
STATE OF HAWAII,
) CR. No.___________________________
) FC-CR. ___________________________
) REP. NO(S): _______________________
)
[List offenses or attach complaint, information or
)
indictment]
)
vs.
)
)
______________________________,
)
) ORDER REVOKING CONDITIONAL
Defendant.
) RELEASE, COMMITTING
) DEFENDANT TO THE CUSTODY OF
) THE DIRECTOR OF HEALTH
)
[704-413(3), HRS]
)
) Hearing Date: ____________________
) Judge: __________________________
________________________________)
ORDER REVOKING CONDITIONAL RELEASE, COMMITTING DEFENDANT
TO THE CUSTODY OF THE DIRECTOR OF HEALTH
(
KMH-15) OrderRevokeCRCommDOH (rev 10/2018)
FAX Distribution to:
Prosecutor
808 241-1758
Defense Attorney
Public Defender 808 274-3422
Private Attorney
Adult Probation
808 482-2652
State Designate
808 832-1855
nd
2
Examiner Dr.
rd
3
Examiner Dr.
KCMHC Forensics
808 241-3133
AMHD Forensics
808 777-6169
Sheriff Division
808 482-2389
KPD Cellblock
808 241-1645
KCCC
808 241-3059
OCCC
808 832-1412
HSH Forensics
808 236-8716
Kahi Mohala
808 677-2810
Other
Other
IN THE ______________ COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
STATE OF HAWAII,
) CR. No.___________________________
) FC-CR. ___________________________
) REP. NO(S): _______________________
)
[List offenses or attach complaint, information or
)
indictment]
)
vs.
)
)
______________________________,
)
) ORDER REVOKING CONDITIONAL
Defendant.
) RELEASE, COMMITTING
) DEFENDANT TO THE CUSTODY OF
) THE DIRECTOR OF HEALTH
)
[704-413(3), HRS]
)
) Hearing Date: ____________________
) Judge: __________________________
________________________________)
ORDER REVOKING CONDITIONAL RELEASE, COMMITTING DEFENDANT
TO THE CUSTODY OF THE DIRECTOR OF HEALTH
The State of Hawaii=s Motion for Revocation of Conditional Release under Section
704-413(3),
Hawaii
Revised
Statutes,
came
on
for
hearing
on
_______________________________________. Defendant, Defendant=s counsel,
_______________________________________, and Deputy Prosecuting Attorney
_________________________________, representing the State of Hawaii, were present.
This Court, having considered the evidence and having been fully advised in the
premises, finds as follows:
G
The conditions of release have not been fulfilled;
G
For the safety of
G
Defendant
G
other persons, Defendant=s conditional release should be revoked;
G
Defendant is not a proper subject for conditional release and should be
committed to the custody of the Director of Health to be placed in an
appropriate institution for detention, care and treatment;
Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. Defendant=s conditional release is hereby revoked.
2.
Pursuant to Section 704-413(4), Hawaii Revised Statutes, Defendant is
committed forthwith to the custody of the Director of Health for placement at an
appropriate institution for custody, care, and treatment [ADOH Facility@] subject only to
discharge or release in accordance with the procedure prescribed in Section 704-412,
Hawaii Revised Statutes.
3. From the date and time of the issuance of this Court=s Oral Ruling (being made
on _________________________________ at ___________ ____.m.) until Defendant=s
transfer to a DOH Facility for custody, care and treatment, Defendant shall remain in the
custody of the Department of Public Safety at the Kauai Community Correctional Center;
provided, that the persons having custody of Defendant and the Director of Health shall
ensure that physical custody of Defendant is transferred to the Director of Health no later
than 48 (forty eight) hours after the date and time of the Court=s oral ruling.
4. The Adult Client Probation Services Branch of the Fifth Judicial Circuit shall
provide the report(s) prepared by the examiner(s) appointed pursuant to HRS Section 704-
404 to the Hawaii State Hospital only for the purposes of detention, care and treatment of
the Defendant. The report(s) shall be kept confidential pursuant to Hawaii State Hospital
Policy and Procedure no. 04.0556 concerning the maintenance, transmission and
interchange of written, verbal and/or electronically recorded protected health information.
2
5. The Defendant=s treating physician shall provide a release placement plan to the
Court prior to the Court discharging Defendant, or if Defendant=s condition has not
stabilized, a report describing the same and Defendant=s prognosis, prior to the next
scheduled review hearing, with copies of said report being provided to this Court,
Defendant=s attorney and the Prosecuting Attorney.
6. A review hearing in this matter shall be held in the above-entitled Court on
_________________________________, at ________, ____.m.
7. In the event that Defendant=s treating physician determines that transport to the
hearing set on_____________________________ would present an unreasonable risk of
danger to Defendant or to others, or if the Defendant chooses to waive his/her physical
presence at the hearing, Defendant=s presence at the hearing may be by way of Video-
Conferencing or waived.
8. The representatives of the Sheriff’s Division or Public Safety designate shall
effect the transport of Defendant from the DOH Facility to this Court and back to the DOH
Facility, for the review hearing specified in paragraph 6, above, and for all further hearings
scheduled by this Court.
DATED: Lihue, Hawaii,_________________________________.
_________________________________
Judge
APPROVED AS TO FORM on__________________________________:
_____________________________
________________________________
Deputy Prosecuting Attorney
Defense Counsel
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