Bill Text: HI HB267 | 2014 | Regular Session | Introduced

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Bill Title: Domestic Abuse Court Pilot Project; Appropriation ($)

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB267 Detail]

Download: Hawaii-2014-HB267-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	267
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to domestic ABUSE.

 

 

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

 

     SECTION 1.  The State continues to be plagued by incidents of domestic abuse.  Because of the unique nature of this problem and the far-reaching effects of domestic abuse, it would be helpful to establish a dedicated court meant to address domestic abuse cases.

     The legislature finds that other states have experienced success with domestic abuse courts, which have been shown to result in swift, certain, and consistent responses to domestic abuse, as well as enhanced victim safety and improved access to court case information, social services, housing, and counseling.

     The purpose of this Act is to authorize the chief justice of the Hawaii supreme court, in consultation with the senior judge of the family court of the first circuit, to establish a domestic abuse court pilot program within the family court of the first circuit for three years.

     SECTION 2.  (a)  Notwithstanding any law to the contrary, the chief justice of the Hawaii supreme court, in consultation with the senior judge of the family court of the first circuit, may establish a three-year domestic abuse court pilot program within the family court of the first circuit to which may be referred:

     (1)  Any offense committed against a child by the child's parent or guardian, or by any other person with legal or physical custody of the child;

     (2)  Any violation of section 709-906, Hawaii Revised     Statutes;

     (3)  Any adult charged with:

         (A)  An offense, other than a felony, committed against the person of the defendant's spouse or reciprocal beneficiary; or

         (B)  Any violation of an order issued pursuant to chapter 586, Hawaii Revised Statutes; and

     (4)  All proceedings under chapter 586, Hawaii Revised Statutes;

provided that upon the motion of a party or sua sponte by the chief justice, the chief justice may assign to the domestic abuse court issues before the family or circuit courts when the chief justice determines that due to their subject matter the assignment is required to ensure the uniform treatment of domestic abuse throughout the State or to otherwise effectuate the purpose of this Act.

     (b)  The judge of any domestic abuse court established pursuant to this Act shall be selected by the chief justice and the senior judge of the family court from the existing family court judges in the first circuit court. 

     (c)  The judge selected as the judge of any domestic abuse court established pursuant to this Act shall:

     (1)  Preside over each case from initial appearance through disposition; and

     (2)  Monitor all defendants convicted of domestic abuse by the domestic abuse court and their compliance with orders of protection granted under chapter 586, Hawaii Revised Statutes.

     (d)  The activities of the domestic abuse court may be supported by related case-management and auxiliary and support services, treatment, and intensive supervision mechanisms, including:

     (1)  A resource coordinator who shall be a licensed social worker in the State and whose duties may include:

         (A)  Preparing domestic abuse defendant and domestic abuse victim information for the judge of the domestic abuse court;

         (B)  Working with relevant agencies and persons, including the department of human services, law enforcement, prosecutors, and defense counsel, to coordinate information and ensure prompt reporting; and

         (C)  Screening and referring convicted domestic abuse defendants for court-mandated programs; and

     (2)  An on-site victim advocate who shall be a licensed social worker in the State and whose duties may include:

         (A)  Serving as a primary contact to victims throughout the court proceedings;

         (B)  Coordinating social services for victims with established service organizations that will assist with housing, counseling, and the creation of safety plans for victims; and

         (C)  Providing victims with information about court proceedings and special conditions within their orders of protection.

     (e)  Upon conviction and sentencing of a domestic abuse defendant, any domestic abuse court established pursuant to this Act shall have broad authority to:

     (1)  Require the domestic abuse defendant to attend rehabilitation, education, vocation, medical, mental-health, and substance abuse treatment programs; and

     (2)  Monitor for at least one year:

         (A)  The execution of the treatment plan of the domestic abuse defendant;

         (B)  The domestic abuse defendant's compliance with the requirements of the treatment plan, including regular appearances before the domestic abuse court to report on the domestic abuse defendant's progress; and

         (C)  The domestic abuse defendant's compliance with an order of protection granted under chapter 586, Hawaii Revised Statutes.

     (f)  Matters pending in or under supervision of any domestic abuse court established pursuant to this Act as of the repeal date of this Act shall be transferred to the jurisdiction of the appropriate court as determined by the chief justice, in the chief justice's sole discretion.

     (g)  The judiciary shall submit an annual report on any domestic abuse court pilot program established pursuant to this Act with findings and recommendations to the legislature no later than twenty days prior to the convening of the 2014, 2015, and 2016 regular sessions.

     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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal years 2014-2015 and 2015-2016 for the domestic abuse court pilot program; provided that the sums appropriated herein shall only be released to the judiciary to be expended for the purposes of this Act if the chief justice, in consultation with the senior judge of the family court of the first circuit, does establish a domestic abuse court pilot program within the family court of the first circuit pursuant to 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.  This Act shall take effect on July 1, 2013, and shall be repealed on June 30, 2016.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Domestic Abuse Court Pilot Project; Appropriation

 

Description:

Authorizes the establishment of a Domestic Abuse Court Pilot Program.  Appropriates funds.  Effective July 1, 2013, and repeals on June 30, 2016.

 

 

 

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