Bill Text: HI HB1246 | 2017 | Regular Session | Amended
Bill Title: Relating To Alternatives To Incarceration.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2017-07-06 - Act 074, 07/03/2017 (Gov. Msg. No. 1175). [HB1246 Detail]
Download: Hawaii-2017-HB1246-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1246 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ALTERNATIVES TO INCARCERATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 353-10.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) [The] As a priority, to
prevent overcrowding in community correctional centers, the department of
public safety shall implement and expand alternative programs that
place, control, supervise, and treat selected offenders in lieu of
incarceration."
2. By amending subsections (c) and (d) to read:
"(c) Sentenced offenders and other
committed persons may be [considered for placement] placed in
alternative programs as a condition of furlough or release[, provided];
provided that the person [is otherwise eligible for or has been granted
furlough or release pursuant to section 353-8 or 353-17.] has a minimum
or lower security classification in any correctional facility of the
department; provided further that the person may be released for a valid
purpose as determined by the director.
(d) As used in this section, "alternative programs" mean programs that are established by the department or created and funded by legislative appropriation or federal grant naming the department of public safety or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:
(1) Home detention, curfew [using electronic
monitoring and surveillance], or both;
(2) Supervised release, graduated release, furlough,
and structured educational or vocational programs; [and]
(3) Similar programs
created and designated as alternative programs by the legislature or the
director of public safety for inmates who do not pose significant risks to the
community[.]; and
(4) The use of electronic monitoring and surveillance."
SECTION 2. Section 353-36, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353-36[]]
Release of [misdemeanants] offenders to prevent overcrowding. (a)
Notwithstanding chapter 804 and any other law to the contrary and except as
provided in subsection (b), the director may order the release of [a
misdemeanant] an offender on recognizance to prevent overcrowding
when a community correctional center has reached capacity, as determined by the
director[.]; provided that the director may require that an offender
be subject to electronic monitoring and surveillance as a condition of release.
The director shall consider the circumstances and nature of the [misdemeanant's]
offender's charge or offense prior to ordering a release pursuant to
this section. The director's order shall supersede and have the same force and
effect as an order entered by a court pursuant to chapter 804. For purposes of
this section and section 353-37, ["misdemeanant"] "offender"
means a person incarcerated at a community correctional center who has been
charged with a [petty misdemeanor or misdemeanor,] criminal offense
or an incarcerated person who has been sentenced pursuant to [section
706-663.] chapter 706.
(b) [No] A person who is
incarcerated under any of the following circumstances shall be [eligible]
ineligible for release pursuant to this section:
(1) The person has been denied bail [or whose bail
has been set at more than $5,000 pursuant to chapter 804];
(2) The person is charged with or convicted of or is on probation or parole for a serious crime, as defined in section 804-3;
(3) The person has been arrested or convicted for
abuse of family or household members, as defined in section 709-906; [or]
(4) Other than the offense for which release is
contemplated under this section, the person has been previously convicted of
any offense, as defined in title 37, that involves injury or threat of injury
to the person of another, including but not limited to arrest or conviction
for sexual harassment in the fourth degree, harassment by stalking,
violation of an order of protection, or violation of a temporary restraining
order[.]; or
(5) The person does not have a pre-trial risk assessment tool score of moderate or lower.
(c) The authority to release [a
misdemeanant] an offender pursuant to this section is granted solely
for the purpose of managing the population of the community correctional
centers. Nothing in this section shall be construed as granting any person the
right to be released. An order releasing [a misdemeanant] an
offender pursuant to this section shall not operate to dismiss or otherwise
terminate any charges then pending against the [misdemeanant.] offender.
(d) The director shall notify the court where
the case is assigned and the prosecuting attorney of the release of any [misdemeanant]
offender pursuant to this section [not] no later than
forty-eight hours prior to the time of the actual release.
(e) The State or any of its officers and
employees shall not be subject to any civil liability [or],
penalty [nor to any], or criminal prosecution for any error in
judgment or discretion made in good faith and upon reasonable grounds in any
action taken or omitted by the State or any of its officers and employees
acting in their official capacity pursuant to this section.
(f) [The] No later than January 1,
2018, the director shall adopt policies and procedures for the release of [misdemeanants]
offenders pursuant to this section."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for electronic monitoring and surveillance for offenders released pursuant to section 353-36, Hawaii Revised Statutes, or participating in alternative programs established pursuant to section 353-10.5, Hawaii Revised Statutes.
The sums appropriated shall be expended by the department of public safety for the purposes of this Act.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2017.
Report Title:
Criminal Offenders; Pre-Trial Release; Alternative Programs; Electronic Monitoring and Surveillance; Appropriation
Description:
Expands the authority of DPS to address overcrowding at prisons by releasing certain pre-trial detainees and sentenced offenders, including certain felons, provided certain conditions are met. Requires electronic monitoring of released detainees and offenders. Authorizes electronic monitoring of offenders in programs that offer alternatives to incarceration. Appropriates funds. (HB1246 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
