Bill Text: HI SB2499 | 2012 | Regular Session | Introduced
Bill Title: Sex Offender Treatment Program; Participant Protection
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to PGM, WAM. [SB2499 Detail]
Download: Hawaii-2012-SB2499-Introduced.html
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THE SENATE |
S.B. NO. |
2499 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
related to sex offender treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there have been a number of reported abuses concerning participants under probation in the Hawaii sex offender treatment program, established pursuant to chapter 353E, Hawaii Revised Statutes.
Concerns have been raised regarding the use of unqualified or untrained personnel in direct treatment of clients in instances when a qualified supervisor is either not in the room or not properly supervising the persons conducting treatment.
In addition, there has been considerable concern regarding the required submission of clients or patients to polygraph testing and the requirement that participants sign an admission to guilt. This is especially troublesome for those who did not admit to guilt in court or for those under a deferred acceptance of nolo contendere plea. Currently, a participant's treatment can be terminated and the deferred acceptance of nolo contendere withdrawn if the participant refuses to admit guilt.
The purpose of this Act is to provide corrective actions for these issues.
SECTION 2. Section 353E-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353E-1[]] Sex
offender treatment; statewide program established. There is established a
statewide, integrated program for the treatment of sex offenders in the custody
of the State to be implemented on a cooperative basis by the department of
public safety, the judiciary, and the Hawaii paroling authority, and any other
agency that may be assigned sex offender oversight responsibilities. The
agencies shall:
(1) Develop and continually update, as necessary, a comprehensive statewide master plan for the treatment of sex offenders that provides for a continuum of programs under a uniform treatment philosophy;
(2) Develop and implement a statewide, integrated system of sex offender treatment services and programs that reflect the goals and objectives of the master plan;
(3) Identify all offenders in their custody who would benefit from sex offender treatment;
(4) Work cooperatively to monitor and evaluate the development and implementation of sex offender treatment programs and services;
(5) Develop appropriate training and education programs for public and private providers of sex offender treatment, assessment, and supervision services; provided that an appropriately qualified service provider shall be present during any treatment session; provided further that a participant receiving treatment services shall not be required to admit guilt as part of any treatment protocols if the participant did not plead guilty to a sexual offense or enter into a deferred acceptance of nolo contendere plea;
(6) Conduct research and compile relevant data on sex offenders;
(7) Work cooperatively to develop a statewide management information system for sex offender treatment;
(8) Make every effort to secure grant funds for research, program development, training, and public education in the area of sex assault prevention;
(9) Network with public and private agencies that come into contact with sex offenders to keep abreast of issues that impact on, and increase community awareness regarding, the statewide sex offender treatment program;
(10) As far as practicable, share information and pool resources to carry out responsibilities under this chapter; and
(11) Coordinate their funding requests for sex offender treatment programs to deter competition for resources that might result in an imbalance in program development that is detrimental to the master plan treatment concept."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Sex Offender Treatment Program; Participant Protection
Description:
Requires an appropriately qualified service provider to be present during any sex offender treatment session; requires that a participant receiving treatment services shall not be required to admit guilt as part of any treatment protocols if the participant did not plead guilty to a sexual offense or enter into a deferred acceptance of nolo contendere plea.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
