Bill Text: HI SB220 | 2012 | Regular Session | Introduced

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Bill Title: Crime Victims; Notification

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB220 Detail]

Download: Hawaii-2012-SB220-Introduced.html

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THE SENATE	S.B. NO.	220
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO AN AUTOMATED VICTIM NOTIFICATION SYSTEM.

 

 

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

 

     SECTION 1.  Chapter 353, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    .  AUTOMATED VICTIM NOTIFICATION SYSTEM

     §353-A  Definitions.  For purposes of this part:

     "System" means the statewide automated victim information and notification system.

     "Victim" means the same as defined in section 801D-2 and includes, in homicide cases, surviving immediate family members, as defined in section 801D-2.

     §353-B  System; requirements.  (a)  The department shall establish a statewide automated victim information and notification system to:

     (1)  Automatically notify a registered victim via the victim's choice of telephone or electronic mail transmission when the offender is in the custody of the department:

         (A)  Is transferred or assigned to another facility;

         (B)  Is transferred to the custody of another agency outside the State;

         (C)  Is released on temporary leave or for other reasons;

         (D)  Is discharged; or

         (E)  Has escaped;

     (2)  Automatically notify a registered victim via the victim's choice of telephone or electronic mail transmission when the offender has:

         (A)  An upcoming parole hearing; or

         (B)  A change in the offender's parole status, including a change in the offender's supervision status;

     (3)  Permit a victim to receive the most recent status report for the offender in the custody of the department by calling the system on a toll-free telephone number, as well as by accessing the system via a public web site;

     (4)  Provide all victims calling the system with the option to receive live operator assistance with the system on a twenty-four-hour per day, three-hundred-sixty-five-day per year basis; and

     (5)  Permit a victim to register or update the victim's registration information for the system by calling a toll-free telephone number or accessing a public web site.

     (b)  The prosecuting agency shall notify the victim of the victim's right to register in the system.  It shall be the responsibility of the victim to register with the system.

     §353-C  Rights of victims in criminal proceedings.  Participation in the system and making offender data available on a timely basis to the system shall be deemed compliance with the obligations set forth in chapter 801D-4 of:

     (1)  The department to notify the victim of changes in the offender's custodial status; and

     (2)  The police and prosecuting attorney to notify the victim of the offender's release from custody.

     §353-D  Compliance by department; no cause of action.  The department shall ensure the offender information contained within the system is updated frequently enough to timely notify a victim of the offender's release, discharge, or escape.  However, failure of the system to provide notice to the victim shall not establish a separate cause of action by the victim against the State, any county, or any state or county agency, officer, or employee.

     §353-E  Law enforcement cooperation.  The attorney general, chiefs of police, and county prosecuting attorneys shall cooperate with the department in establishing and maintaining the system."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000, or so much thereof as may be necessary for fiscal year 2011-2012, and $289,000, or so much thereof as may be necessary for fiscal year 2012-2013, to establish and maintain the Hawaii statewide automated victim information and notification system.

     The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

     SECTION 3.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Crime Victims; Notification

 

Description:

Requires department of public safety to establish a statewide automated victim notification system to provide crime victims with current information regarding the offender's custodial status.

 

 

 

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