Bill Text: HI HB1404 | 2024 | Regular Session | Amended

Hawaii House Bill 1404

Amended

Bill Title: Relating To The Community Court Outreach Project.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB1404 Detail]

Download: Hawaii-2024-HB1404-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1404
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE COMMUNITY COURT OUTREACH PROJECT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the community court outreach project established by Act 55, Session Laws of Hawaii 2017, has been successful in establishing a mobile court to hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of defendants charged with nonviolent, nonfelony offenses. The legislature further finds that there is a need to amend the project to ensure that persons experiencing homelessness or who have recently experienced homelessness have access to the project at community sites in the judicial districts where those persons currently live or receive mental health services, substance abuse treatment, sustenance, shelter, or other social services.

Accordingly, the purpose of this Act is to make the community court outreach project permanent and:

(1) Amend the project to specifically address defendants experiencing homelessness or who have recently experienced homelessness;

(2) Expand the opportunities for eligible defendants to participate in the project; and

(3) Appropriate funds for additional personnel and enhanced security services.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

community court outreach project

§ -1 Definitions. For the purposes of this chapter:

"Community court outreach project" or "project" means the community court outreach project established by this chapter.

"Experiencing homelessness" means a person who:

(1) Lacks a fixed, regular, and adequate night-time residence; or

(2) Has a primary night-time residence that is:

(A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations;

(B) An institution that provides temporary residence for individuals intended to be institutionalized; or

"Prosecuting attorney" means the prosecuting attorney of the city and county of Honolulu.

"Public defender" means the public defender of the State.

"Recently experienced homelessness" means a person who has experienced homelessness during the past six months.

§ -2 Community court outreach project; establishment; purpose. (a) There is established the community court outreach project to help nonviolent offenders who are currently experiencing homelessness or have recently experienced homelessness, and who may face problems such as drug abuse and mental health challenges, to obtain basic services and necessities, like food and shelter. The program shall be administered and operated by the judiciary in the city and county of Honolulu.

(b) The purpose of the project shall be to operate a mobile court that:

(1) Travels to communities where defendants who are currently experiencing homelessness or have recently experienced homelessness:

(A) Have been cited or arrested for certain nonviolent offenses; and

(B) Do not pose a threat to the public; and

(2) Disposes of the cases of defendants who enter plea agreements after negotiations between the prosecuting attorney and defense counsel.

§ -3 Project process. (a) Under the project, the court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and defense counsel have negotiated and reached plea agreements on the disposition of the defendants.

(b) Only cases involving defendants who are currently experiencing homelessness or have recently experienced homelessness and charged with nonviolent, nonfelony offenses under state law and county ordinance may be heard and disposed of under the project.

(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with the identified offenses who:

(1) Are willing to participate in the project;

(2) Are willing to be represented by the public defender; and

(3) May benefit from participation in the project.

After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the project and transmit the list to the prosecuting attorney.

(d) The prosecuting attorney shall review the list and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the project. The prosecuting attorney shall enter into plea agreement negotiations with the public defender for disposition of all active cases pending against the defendants. The prosecuting attorney and the public defender may enter into negotiations regarding resentencing in cases where judgments were previously entered, to the extent permitted by law.

(e) The prosecuting attorney shall make the list of potential project participants available for the court's review. The list shall include any reason the prosecuting attorney declined to recommend the defendant for participation in the project.

(f) In addition to the project participant selection process set forth in subsections (c) and (d):

(1) Any trial judge of the circuit court of the first circuit may refer a defendant whose case the judge is currently presiding over;

(2) Any probation officer that serves the first circuit may refer a defendant who is currently placed on probation under the officer's supervision; and

(3) Any court-appointed attorney, appointed by a judge of the circuit court of the first circuit, may refer a defendant who is currently represented by the court-appointed attorney,

for voluntary participation in the project. The public defender shall engage a social service or health care professional to provide outreach services to defendants referred to the project pursuant to this subsection. The prosecuting attorney shall enter into plea agreement negotiations with defense counsel for disposition of all active cases pending against the defendants. The prosecuting attorney and defense counsel may enter into negotiations regarding resentencing in cases where judgments were previously entered, to the extent permitted by law.

(g) The plea agreement for a defendant may include a proposed fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take.

(h) Before a defendant's admission into the project, the prosecuting attorney and defense counsel, in consultation with the social service or health care professional providing outreach services to the defendant pursuant to subsection (c) or (f), shall jointly provide the court with an assessment regarding:

(1) The specific mental health, substance abuse treatment, sustenance, shelter, and other social services needed by the defendant;

(2) A list of all active criminal and traffic cases currently pending against the defendant;

(3) A list of criminal and traffic cases in which judgments have been entered against the defendant but the defendant has not completed the terms and conditions of those judgments; and

(4) Whether the defendant presents any threat to the public.

(i) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement.

(j) The inability of the prosecuting attorney and defense counsel to reach a plea agreement shall not preclude a defendant from petitioning the court for continued participation in the project to maintain the defendant's access to services or to seek further resolution of the defendant's case.

(k) Following a defendant's admission into the project, the court shall monitor the defendant's progress for at least six months. Upon the defendant's successful completion of all terms and conditions ordered by the court, the court may dismiss the cases with or without prejudice in the interest of justice.

§ -4 Subject to the availability of funds. Subject to the availability of sufficient funds through a specific appropriation, transfer of an appropriation from another state agency, or a federal or other grant:

(1) The judiciary shall administer and operate the project; and

(2) The prosecuting attorney and public defender shall participate in the project.

§ -5 Biennial report. The chief justice shall submit a biennial report on the project to the legislature and the governor at least twenty days prior to the convening of the regular session held in every odd-numbered year. The report shall include a quantification and discussion of program measures and outcomes. In any report, the chief justice may recommend that this chapter be amended, expanded to other counties, or terminated. The report shall also include the comments and recommendations of the prosecuting attorney and public defender."

SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.

SECTION 4. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of four permanent positions as follows:

(1) One full-time equivalent (1.0 FTE) court clerk position ($ );

(2) One full-time equivalent (1.0 FTE) court bailiff position ($ ); and

(3) Two full-time equivalent (2.0 FTE) judicial clerk positions ($ ),

for the community court outreach project.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 5. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for security services for the community court outreach project.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 6. This Act shall take effect on June 30, 3000; provided that section 3 shall take effect on June 30, 2023.

Report Title:

Community Court Outreach Project; Judiciary; Honolulu Prosecutor; Public Defender; Appropriation

Description:

Makes the community court outreach project permanent. Amends the project to address homeless defendants and expand the opportunities for eligible defendants to participate. Appropriates funds for additional personnel and enhanced security services. Effective 6/30/3000. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.