Bill Text: HI HB1515 | 2011 | Regular Session | Introduced
Bill Title: Pre-sentence Diagnosis and Report; Community Service
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2011-01-28 - (H) Referred to JUD, referral sheet 3 [HB1515 Detail]
Download: Hawaii-2011-HB1515-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1515 |
|
TWENTY-SIXTH LEGISLATURE, 2011 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to pre-sentencing procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-602, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) The pre-sentence diagnosis and report shall be made by personnel assigned to the court, intake service center or other agency designated by the court and shall include:
(a) An analysis of the circumstances attending the commission of the crime;
(b) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status and capacity to make restitution or to make reparation to the victim or victims of the defendant's crimes for loss or damage caused thereby, education, occupation, and personal habits;
(c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss suffered;
(d) Information concerning defendant's compliance or
non- compliance with any order issued under section 806-11; [and]
(e) An assessment of whether a sentence of community service under section 706-605 would be appropriate for the defendant; and
[(e)] (f) Any other matters that the
reporting person or agency deems relevant or the court directs to be
included."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Pre-sentence Diagnosis and Report; Community Service
Description:
Requires the pre-sentence diagnosis and report administered upon felons, youthful offenders, and other defendants as ordered by the court, to include an assessment of whether it would be appropriate to sentence the defendant to perform community service.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
