Bill Text: HI HB2001 | 2016 | Regular Session | Amended
Bill Title: Public Safety
Spectrum: Strong Partisan Bill (Democrat 19-2)
Status: (Introduced - Dead) 2016-02-09 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Tupola excused (1). [HB2001 Detail]
Download: Hawaii-2016-HB2001-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2001 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that long prison sentences and an increase in offender recidivism rates have contributed to a spike in the United States' prison population despite the decrease of crime in the past twenty years.
The increase in prisoners has led to inflated government spending on corrections, rising operating costs of correctional facilities, and reduced funding for other essential government services.
The legislature finds that a collaborative approach by stakeholders using successful, research-based solutions would improve Hawaii's correctional system and ensure positive outcomes for prisoners and the community.
The purpose of this Act is to establish a temporary commission on criminal justice and sentencing reform to develop a statewide plan of sentencing and corrections policies that would reduce the State's prison population by per cent by year , reduce spending on corrections, and reinvest the savings gained in strategies to increase public safety and reduce recidivism.
SECTION 2. There is established a temporary commission to be known as the commission on criminal justice and sentencing reform to develop a statewide plan of sentencing and corrections policies that would reduce the State's prison population by per cent by year , reduce spending on corrections, and reinvest the savings gained in strategies to increase public safety and reduce recidivism. The commission shall be placed within the office of the governor for administrative purposes and shall cease to exist on June 30, 2018.
SECTION 3. The commission shall consist of thirty members as follows:
(1) The governor or the governor's designee;
(2) The chair of the senate committee on judiciary and labor or the chair's designee;
(3) The chair of the house committee on judiciary or the chair's designee;
(4) The director of health or the director's designee;
(5) The director of human services or the director's designee;
(6) The director of public safety or the director's designee;
(7) The prosecuting attorney from the county with a population of seven hundred fifty thousand or greater or the prosecuting attorney's designee;
(8) The state public defender from the county with a population of seven hundred fifty thousand or greater or the state public defender's designee;
(9) The attorney general or the attorney general's designee;
(10) The chief justice and another member of the judiciary or the chief justice's designees;
(11) The executive director of the Hawaii civil rights commission or the executive director's designee;
(12) The executive director of the American Civil Liberties Union of Hawaii or the executive director's designee;
(13) One social worker who assists in the rehabilitation and attainment of employment skills for prisoners who shall be appointed by the governor;
(14) The executive director of the office of youth services or the executive director's designee;
(15) Two experts in youth gang violence and drug abuse who serve as directors for nonprofit organizations specifically focused on youth gang reduction and mentoring or support programs for "at-risk" youth, of which one member shall be appointed from a list of nominees submitted by the president of the senate, and one member shall be appointed from a list of nominees submitted by the speaker of the house of representatives;
(16) A university or college sociology professor whose field of expertise is in recidivism who shall be appointed by the governor;
(17) Two prisoners' rights advocates, of which one member shall be appointed from a list of nominees submitted by the president of the senate, and one member shall be appointed from a list of nominees submitted by the speaker of the house of representatives;
(18) A top business executive who shall be appointed by the governor;
(19) The chairperson of the board of directors of the Hawaii chapter of the American Foundation for Suicide Prevention or the chairperson's designee;
(20) The dean of the John A. Burns School of Medicine at the University of Hawaii or the dean's designee;
(21) The executive director of the Mental Health America of Hawaii or the executive director's designee;
(22) Two members who are family members of prisoners, of which one member shall be appointed from a list of nominees submitted by the president of the senate, and one member shall be appointed from a list of nominees submitted by the speaker of the house of representatives;
(23) The executive director of the Sex Abuse Treatment Center Hawaii or the executive director's designee;
(24) The executive director of the Hawaii State Coalition against Domestic Violence or the executive director's designee;
(25) The president of the National Association for the Advancement of Colored People Hawaii Chapter or the president's designee; and
(26) The president of Mothers Against Drunk Driving Hawaii or the president's designee.
All members shall work cooperatively to find strategies to prevent crimes and reduce recidivism. The members shall not receive compensation for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties under this Act.
No member shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the commission.
SECTION 4. The commission shall meet quarterly and may hold public meetings as it deems necessary; provided that before holding a public meeting the commission shall provide publication of notice pursuant to section 1-28.5, Hawaii Revised Statutes. At the initial meeting of the commission, to occur no later than thirty days after the enactment of Act , Session Laws Hawaii 2016, its members shall elect a chair and vice chair and any other necessary officers from among the members. A majority of the commission members shall constitute a quorum for its necessary duties. The chair, at the request of a majority of members, may hold special meetings.
SECTION 5. (a) The commission shall focus on education, health, strong families and support groups, and poverty as cornerstones in its development of a statewide plan of sentencing and corrections policies pursuant to this Act.
(b) To fulfill the cornerstone on education, the commission shall address, at minimum, the following:
(1) Ensuring resources are targeted at providing students a quality education from pre-kindergarten to college;
(2) Ensuring reading skills are taught to children as well as prisoners; and
(3) Evaluating the use of high-quality, state-funded developmental daycare centers.
(c) To fulfill the cornerstone on health, the commission shall address, at minimum, the following:
(1) Using developmental screening as a test to see if a student or prisoner is learning basic skills and providing them self-sufficiency assistance;
(2) Ensuring the availability of prenatal care to treat and prevent potential health problems throughout the course of a pregnancy while promoting healthy lifestyles that benefit both mother and child; and
(3) Ensuring the availability of mental health and illegal drug use consultation and assistance to the community and prisoners.
(d) To fulfill the cornerstone on strong families and support groups, the commission shall address, at minimum, the following:
(1) Evaluating and reforming housing requirements for individuals convicted of certain types of crimes, such as nonviolent or minor offenses;
(2) Ensuring proper assistance is provided to children, adults, and families so they may live healthy and productive lives, and realize their full potential as contributing members of their communities;
(3) Ensuring prisoners are offered participation in support groups and provided individualized plans for self-sufficiency and reintegration into society; and
(4) Ensuring parenting programs and classes are available to families, especially public housing families in the lower-income bracket.
(e) To fulfill the cornerstone on poverty, the commission shall address, at minimum, the following:
(1) Ensuring prisoners undergo parental job training and are taught skills or trades that may be used upon their release from prison;
(2) Ensuring affordable rental housing is available for prisoners and individuals with low income;
(3) Ensuring community members and prisoners learn about nutrition and the Supplemental Nutrition Assistance Program;
(4) Ensuring case management services are provided for individuals receiving public assistance;
(5) Ensuring prisoners with developmental disabilities are provided services and supports appropriate to their needs so they may successfully reintegrate into society; and
(6) Evaluating the use of employment-related daycare centers that will provide parents safe care for their children and provide safe care to the elderly.
SECTION 6. (a) The commission shall review the State's sentencing policies and probation system to reduce the State's prison population by per cent by year , reduce spending on corrections, and reinvest the savings gained in strategies that will increase public safety and reduce recidivism.
(b) In reviewing the State's sentencing policies, the commission shall address, at minimum, the following:
(1) Evaluating whether to abolish mandatory minimum sentences and the repeat offender three-strikes law;
(2) Evaluating statutes that address habitual offenders, and diversion treatments such as specialty courts with incentives, including drug treatment court and Hawaii's opportunity probation with enforcement (HOPE) program; and
(3) Evaluating the raising of monetary thresholds for felony theft.
(c) In reviewing the State's probation system, the commission shall include, but not be limited to, an evaluation of the State's current practices relating to incarceration, crime prevention, and education with a focus on reducing spending on corrections and reinvesting the savings gained in strategies that will increase public safety and reduce recidivism.
SECTION 7. The commission shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2018.
SECTION 8. It is the intent of this Act not to jeopardize the receipt of any federal aid. If any provision of this Act, or the application thereof to any person or circumstance, is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the provision shall be deemed void; provided that the voided provision shall not affect other provisions or applications of the Act that can be given effect without the voided provision or application, and to this end the provisions of this Act are severable.
SECTION 9. This Act shall take effect on July 1, 2050.
Report Title:
Public Safety
Description:
Establishes a Commission on Criminal Justice and Sentencing Reform in the Governor's Office. Requires the Commission to develop a statewide framework of sentencing and corrections policies to further reduce the State's incarcerated population by an unspecified percentage by an unspecified year. The Commission shall also develop a plan to reduce spending on corrections and reinvest in strategies to increase public safety and reduce recidivism. (HB2001 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
