Bill Text: HI HB819 | 2011 | Regular Session | Introduced

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Bill Title: Victims' Rights; Department of Health Notification

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-01-24 - (H) Referred to JUD, FIN, referral sheet 1 [HB819 Detail]

Download: Hawaii-2011-HB819-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	819
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE RIGHTS OF VICTIMS.

 

 

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

 

     SECTION 1.  The legislature finds that under the basic bill of rights for crime victims and witnesses in section 801D-4, Hawaii Revised Statutes, victims and surviving immediate family members, upon their written request, must be notified of, among other things, major developments in the case and release of the defendant or perpetrator from custody, provided that the crime charged is a felony.  This right of crime victims and their surviving immediate family members does not depend on whether the person has actually been convicted of that crime, since the term "crime" is defined in section 801D-2 as an act or omission committed by an adult or juvenile that would constitute an offense against the person under the Hawaii penal code.

     However, the definition in section 801D-2 of the term "major developments" is vague with respect to whether major developments include a finding that the perpetrator has been:  deemed unfit to stand trial; transferred to the state hospital or other psychiatric institution; or rehabilitated and transferred back to the jurisdiction of the county for resumption of penal proceedings upon regaining fitness to proceed.  While major developments expressly include "the disposition of the case", the term arguably does not include the other developments specified above.

     Consequently, a victim or surviving immediate family member of a felony conceivably may not be notified that a defendant or perpetrator is found unfit to proceed, acquitted, or transferred to the state hospital or other facility, since these events are not specifically included in the definition of the term "major developments".  The legislature finds that crime victims and their immediate family members should be notified not only of these circumstances, but also of the date of the resumption of penal proceedings, should the defendant or perpetrator be subsequently deemed fit to proceed.

     Accordingly, the purpose of this Act is to:

     (1)  Amend the definition of "major developments" to include a finding of unfitness to stand trial or acquittal by reason of physical or mental disease, disorder, or defect; a transfer to the state hospital or other psychiatric facility; or subsequent regaining of fitness to proceed; and

     (2)  Give victims the choice of whether to receive notification of these events or circumstances.

     SECTION 2.  Chapter 801D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§801D-    Notification not required.  A victim, surviving immediate family member, or witness may waive rights under section 801D-4 by providing written notice to police and the prosecuting attorney."

     SECTION 3.  Section 334-2.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department may operate or contract for a secure psychiatric rehabilitation program for individuals who require intensive therapeutic treatment and rehabilitation in a secure setting.  The services authorized by this section shall be for persons:

     (1)  Involuntarily hospitalized under this chapter for whom the services cannot be reimbursed, covered, or provided by an insurer, plan, or other person;

     (2)  Committed to the custody of the director under chapter 704; and

     (3)  Appropriately hospitalized under chapter 704 or 706.

     The director shall be responsible for the appropriate placement of all persons placed in facilities or services contracted for or operated by the director under paragraphs (1) through (3).

     Any such person placed in a facility or services contracted for or operated by the director who leaves or remains away from the facility or services, without permission, may be apprehended and returned to the facility or services by any employee of the department or by any police officer without any warrant or further proceeding.  Upon the written request of each victim, witness, or surviving immediate family member, as defined in section 801D-2, the director shall give notice of any unauthorized absence of any person placed in a facility or services contracted by or operated by the director, by the most reasonable and expedient means available.

     The failure of any state officer or employee to carry out the requirements of this subsection shall not subject the State or any employee to liability in any civil action; provided that the failure may provide a basis for disciplinary action as may be deemed appropriate by competent authority."

     SECTION 4.  Section 801D-2, Hawaii Revised Statutes, is amended by amending the definition of "major developments" to read as follows:

     ""Major developments" means:  arrest or release of the suspect by the police, case deferral by the police, referral to the prosecutor by the police, rejection of the case by the prosecutor, preliminary hearing date, grand jury date, trial and sentencing dates, and the disposition of the case.

     The term includes the following events:

     (1)  A determination that the offender is unfit to proceed or acquitted on the grounds of physical or mental disease, disorder, or defect under chapter 704;

     (2)  Following a finding of unfitness to proceed or acquittal under paragraph (1), the offender is subsequently:

         (A)  Released or otherwise discharged from custody; or

         (B)  Committed to the custody of the director of health for placement in an appropriate public or private institution, including:

              (i)  State facilities established under chapter 334;

             (ii)  A psychiatric facility, special treatment facility, or therapeutic living program, as those terms are defined in section 334-1; or

            (iii)  Any other public or private facility or institution, whether on an inpatient or outpatient basis, for the care, custody, diagnosis, treatment, or rehabilitation of that person; or

     (3)  The offender has regained fitness to proceed pursuant to section 704-406(2), including the date on which the penal proceedings are to be resumed."

     SECTION 5.  Section 801D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Upon written request, victims and surviving immediate family members of crime shall have the following rights:

     (1)  To be informed by the police and the prosecuting attorney of the final disposition of the case.  If the crime charged is a felony, the victim or a surviving immediate family member shall be notified of major developments in the case and whenever the [defendant or perpetrator] offender is released from custody.  The victim or a surviving immediate family member shall also be consulted and advised about plea bargaining by the prosecuting attorney;

     (2)  To be notified by the prosecuting attorney if a court proceeding to which they have been subpoenaed will not proceed as scheduled;

     (3)  To receive protection from threats or harm;

     (4)  To be informed by the police, victim/witness counselor, or other criminal justice personnel, of financial assistance and other social services available as a result of being a witness to or a victim of crime, including information on how to apply for the assistance and services;

     (5)  To be provided by the court, whenever possible, with a secure waiting area during court proceedings that does not require them to be in close proximity to [defendants] offenders and families and friends of [defendants;] offenders;

     (6)  To have any stolen or other personal property expeditiously returned by law enforcement agencies when the property is no longer needed as evidence.  If feasible, all the property, except weapons, currency, contraband, property subject to evidentiary analysis, and property, the ownership of which is disputed, shall be returned to the person within ten days of being taken; [and]

     (7)  To be informed by the department of public safety of changes planned by the department in the custodial status of the offender that allows or results in the release of the offender into the community, including escape, furlough, work release, placement on supervised release, release on parole, release on bail bond, release on appeal bond, and final discharge at the end of the prison term[.]; and

     (8)  To be informed by the department of health of changes planned by the department in the custodial status of the offender that allows or results in the release of the offender into the community, including escape and final discharge."

     SECTION 6.  Section 801D-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§801D-6[]]  Intergovernmental cooperation.  The county prosecutor, the department of health, the police, local social service agencies, the courts, and all other agencies involved in the criminal justice system shall all cooperate with each other to ensure that victims and witnesses of crime receive the rights and services to which they are entitled under this chapter."

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Victims' Rights; Department of Health Notification

 

Description:

Amends the crime victims' bill of rights law to include notice or waiver of notice as to an offender's unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed. Requires the department of health to provide notice of offender unauthorized absences.

 

 

 

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