Hawaii-2016-SB344-Introduced

SECTION 1. The legislature finds that there is a need to reduce prison overcrowding. With the exception of inmates serving a mandatory sentence, many persons could be released from incarceration into the community, and many persons who do not pose a threat to public safety could be sentenced to probation if they are required to wear an electronic monitoring device to determine their location at all times. Electronic monitoring devices enable the department of public safety and the judiciary to keep persons under surveillance while in the community, rather than in a prison setting.

The legislature further finds that existing law permits the use of an electronic monitoring device in intermediate sentencing as an alternative to incarceration. However, the legislature believes that the program should be expanded. Expansion of the number of persons required to wear an electronic monitoring device in the intermediate sentencing program reduces the number of incarcerated inmates, reduces expenses, reduces correctional officers' overtime, enhances rehabilitation, keeps families intact, reduces recidivism, and reduces the out-of-state inmate population under the jurisdiction of the department of public safety.

The legislature further finds that the average daily inmate census in Hawaii is approximately six thousand, which includes in-state and out-of-state inmates. The legislature believes that a minimum of 10 to 15 per cent of those inmates are eligible to be released into the community if they are required to wear an electronic monitoring device while serving the remainder of their sentences.

The purpose of this Act is to establish an alternative incarceration pilot program, which will use electronic monitoring for select persons to be released into the community in lieu of incarceration.

SECTION 2. (a) No later than January 1, 2016, the department of public safety shall establish an alternative incarceration pilot program to release qualified parolees into the community under certain conditions, in lieu of incarceration.

(b) A parolee shall be eligible for the pilot program if the parolee meets the following minimum criteria:

(1) The parolee's current sentence is for a non-violent offense;

(2) There is no history of conviction for a violent offense;

(3) There is no history of escape or attempt to escape while incarcerated;

(4) The parolee has a place to reside while on parole;

(5) The parolee has employment or an offer for employment with a minimum of thirty-two hours per week or, in the alternative, is actively seeking employment and secures employment within sixty days following the granting of parole;

(6) In lieu of paragraph (5), the parolee is enrolled as a full-time or part-time student in an institution of higher education or a trade school program; provided that an average grade is maintained;

(7) Criteria under paragraphs (5) and (6) may be combined to include part-time education and part-time work, in which case the minimum number of hours under paragraph (5) shall not be required;

(8) The prosecuting attorney has no objection to the parolee's admission into the pilot program;

(9) The parole officer has no objection to the person's admission into the pilot program;

(10) The parolee agrees to wear an electronic monitoring device at all times while participating in the pilot program; and

(11) The parolee agrees to abide by any other conditions of parole or the department of public safety.

(c) Applications to participate in the pilot program shall be submitted in accordance with rules adopted by the department of public safety.

(d) A parolee in the pilot program shall be retaken if the parolee:

(1) Is charged with a criminal offense while participating in the pilot program;

(2) Sets off the electronic monitoring device more than three times for unauthorized absence;

(3) Has no more than three unauthorized failures to report to work or failure to attend a class, as applicable;

(4) Tampers with the electronic monitoring device;

(5) Tests positive in a urinalysis showing any amount of a controlled substance; or

(6) Violates any of the terms and conditions of the parole.

A parolee in the pilot program shall be retaken and incarcerated upon the parolee's request to be reincarcerated.

(e) The department of public safety shall adopt administrative rules, pursuant to chapter 91, Hawaii Revised Statutes, as necessary to effectuate the purposes of this Act.

SECTION 3. (a) No later than January 1, 2016, the judiciary shall establish an alternative incarceration pilot program to release qualified inmates into the community on probation under certain conditions, in lieu of incarceration.

(b) A probationer shall be eligible to participate in the pilot program if the probationer meets the following minimum criteria:

(1) The probationer's current sentence is for a non-violent offense;

(2) There is no history of conviction for a violent offense;

(3) There is no history of escape or attempt to escape while incarcerated;

(4) The probationer has a place to reside while on probation;

(5) The probationer has employment or an offer for employment with a minimum of thirty-two hours per week or, in the alternative, is actively seeking employment and secures that employment within sixty days following the granting of probation or court-ordered sentencing;

(6) In lieu of paragraph (5), the probationer is enrolled as a full-time or part-time student in an institution of higher education or a trade school program; provided that an average grade is maintained;

(7) Criteria under paragraphs (5) and (6) may be combined to include part-time education and part-time work, in which case the minimum number of hours under paragraph (5) shall not be required;

(8) The prosecuting attorney has no objection to the probationer's admission into the pilot program;

(9) The probation office has no objection to the person's admission into the pilot program;

(10) The probationer agrees to wear an electronic monitoring device at all times while participating in the pilot program; and

(11) The probationer agrees to abide by any other conditions of probation or the judiciary.

(c) Applications to participate in the pilot program shall be submitted in accordance with rules adopted by the judiciary. The selection of participants in the pilot program shall include but not be limited to a review of pretrial detainee records and daily intake records.

(d) A probationer in the pilot program shall be retaken if the probationer:

(1) Is charged with a criminal offense while participating in the pilot program;

(2) Sets off the electronic monitoring device more than three times for unauthorized absence;

(3) Has no more than three unauthorized failures to report to work or failure to attend a class, as applicable;

(4) Tampers with the electronic monitoring device;

(5) Tests positive in a urinalysis showing any amount of a controlled substance; or

(6) Violates any of the terms and conditions of the probation.

A probationer in the pilot program shall be retaken and resentenced to incarceration upon the probationer's request to be incarcerated.

(e) The judiciary shall adopt rules as necessary to effectuate the purposes of this Act.

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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the alternative incarceration pilot program.

The sums appropriated shall be expended by the department of public safety 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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the alternative incarceration pilot program.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 6. The department of public safety with regards to parolees and the judiciary with regards to probationers shall report to the legislature no later than twenty days prior to the convening of the regular sessions of 2016, 2017, and 2018 on the following:

(1) The status of implementation of their respective alternative incarceration pilot program;

(2) The number of inmates or probationers, as applicable, admitted into the pilot program in the year preceding the report;

(3) The number of inmates or probationers, as applicable, retaken in the year preceding the report; and

(4) Any other relevant information on the pilot program, including recommendations for statutory amendments.

SECTION 7. This Act is not intended to supplant or change the procedures of existing intermediate sanctions using electronic monitoring devices that are not in conflict with this Act.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 9. This Act shall take effect upon its approval; provided that:

(1) Sections 4 and 5 shall take effect on July 1, 2015; and

(2) This Act shall be repealed on December 31, 2018.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	344
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII