Bill Text: HI HB280 | 2025 | Regular Session | Introduced
Bill Title: Relating To The Community Outreach Court.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (N/A) 2025-01-16 - Pending introduction. [HB280 Detail]
Download: Hawaii-2025-HB280-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
280 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under Act 55, Session Laws of Hawaii 2017, the judiciary, the office of the public defender, and the department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project. The goal of the community outreach court is to assist non-violent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees. By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing. The community outreach court social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.
The legislature finds that the community outreach court program has been successful. Since its inception, the program has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.
Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Definitions. As used in this chapter:
"Community outreach court" means a division of the district court of the first circuit that shall address cases brought before it for non-violent, nonfelony offenders in which the prosecuting attorney and public defender have reached plea agreements.
"Prosecuting attorney" means:
(1) The prosecuting attorney for the city and county of Honolulu;
(2) Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu;
(3) The attorney general; and
(4) Any deputy attorney general of the department of the attorney general.
"Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.
§ -2 Community outreach court; establishment. (a)
The community outreach court shall be established as a division of the
district court of the first circuit.
(b) The community outreach court shall be held at
any duly designated location within the first judicial circuit by any
designated judge of the community outreach court.
§ -3 Jurisdiction. (a)
The community outreach court shall have concurrent jurisdiction with all
district courts of the first circuit to consider and adjudicate nonviolent,
nonfelony criminal and traffic offenses, including traffic infractions under
chapter 291D, charged to offenders deemed appropriate, after application and
acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the
community outreach court shall exercise general equity powers as authorized by
law. Nothing in this chapter shall be
construed to limit the jurisdiction and authority of any judge designated as a
judge of the community outreach court on matters within the scope of this
chapter.
§ -4
Principles and components of the court.
The community outreach court shall
include the following components:
(1) Emphasis on the early identification and timely placement of eligible offenders;
(2) Cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Alternative sentencing of offenders, such as community service and participation in programs based upon the offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;
(4) Establishment of a coordinated strategy by the community outreach court to respond to an offender's compliance or noncompliance with the offender's sentence; and
(5) Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.
§ -5 Court process. (a) The court shall 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 the defendants.
(b) Only cases involving nonviolent, nonfelony offenses under state law and city ordinance shall be heard and disposed of by the community outreach court.
(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:
(1) Are willing to participate in the court;
(2) Are willing to be represented by the public defender; and
(3) May benefit from participation in the court.
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 court 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 court. The prosecuting attorney or representative of the attorney general shall enter into plea agreement negotiations with the public defender for disposition of defendants' cases that the prosecuting attorney determines are appropriate.
(e) The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.
(f) 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."
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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:
(1) $ each for two full-time equivalent (2.0 FTE) court clerk positions;
(2) $ for one full-time equivalent (1.0 FTE) court bailiff position;
(3) $ for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and
(4) $ each for three full-time equivalent (3.0 FTE) adult client services social worker positions.
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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 6. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy public defender;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.
The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 7. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) deputy attorney general tasked with duties for the community outreach court.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 8. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:
(1) $ for security through a contracted service provider;
(2) $ for facilities and associated costs, including for use of the Waianae Public Library;
(3) $ for equipment, including laptops and a mobile hotspot for internet access;
(4) $ for transportation costs, including a van and associated parking costs; and
(5) $ for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 9. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) legal assistant.
The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
Judiciary; Community Outreach Court; Homelessness; Appropriations
Description:
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
