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2023 Op. Haw. Att'y Gen. 1 (2023)

handle is hein.sag/saghi0103 and id is 1 raw text is: 

JOSH GREEN, M.D.                                                  ANNE E. LOPEZ
  GOVERNOR                                                        ATTORNEY GENERAL

                                                                 MATTHEW S. DVONCH
                               STATE OF HAWAII                 FIRST DEPUTY ATTORNEY GENERAL
                             Ka 'Oihana O Ka Loio Kuhina
                                 425 QUEEN STREET
                                 HONOLULU, HAWAII 96813
                                 (808) 586-1500

                              April  20, 2023

The  Honorable Karl  Rhoads
Senator,  District  13
Thirty-Second  State  Legislature
State  of Hawai'i
Hawaii  State Capitol,  Room 210
415  South Beretania  Street
Honolulu,  Hawai'i  96813

      Re:  Standards  for Mental  Health Intervention  and  the Assisted
           Community  Treatment  Law

Dear  Senator Rhoads:

      This opinion  letter responds  to your  letter dated  January 19,
 2023, requesting  a formal opinion  on six  issues, relating  to chapter
 334, Hawaii Revised  Statutes  (HRS) . After  further discussions  with
 your office, this  opinion letter  also responds  to a seventh  issue
 concerning the  enforcement of  an Assisted  Community Treatment  (ACT)
 order under the  ACT law, chapter  334, part  VIII.

      As your  requests recognize,  much of  chapter 334 and  the ACT law
hinges  upon the  assessment of  differing degrees  of an  individual's
dangerousness-that   is, of  an individual's  risk of endangering  self
or  others.  Risk  is necessarily  a function  of probability,  not

      This opinion  is intended  to answer your  specific  questions and
 help provide  clarity on chapter  334's and  the ACT law's  standards and


Op. No.  23-01

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