Bill Text: HI SB517 | 2016 | Regular Session | Introduced

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Bill Title: Mandatory Terms of Probation for Repeat Offenders; Electronic Monitoring; Misdemeanors; Petty Misdemeanors

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB517 Detail]

Download: Hawaii-2016-SB517-Introduced.html

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THE SENATE	S.B. NO.	517
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to electronic monitoring of criminal offenders.

 

 

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

 

     SECTION 1.  The legislature finds that perpetrators of criminal misdemeanors and petty misdemeanors are less likely than other offenders to be incarcerated upon conviction because of the relatively minor nature of their crimes, prison overcrowding, and cost considerations.  This lack of deterrence increases the likelihood of recidivism among offenders that repeatedly terrorize communities through a range of crimes that threaten personal safety, property, and public order.

     The legislature further finds that electronic monitoring offers a cost-effective approach to deterring recidivism among criminal offenders who are sentenced to probation.  Current technology allows law enforcement to track an offender's whereabouts and monitor behavior through a host of options and without the need or expense of physical confinement.

     The purpose of this Act is to provide a cost-effective alternative to incarceration and reduce recidivism among low-level criminal offenders by requiring electronic monitoring as a condition of probation for repeat misdemeanor and petty misdemeanor offenders who are not sentenced to incarceration.

     SECTION 2.  Section 706-624, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Mandatory conditions.  The court shall provide, as an explicit condition of a sentence of probation:

     (a)  That the defendant not commit another federal or state crime or engage in criminal conduct in any foreign jurisdiction or under military jurisdiction that would constitute a crime under Hawaii law during the term of probation;

     (b)  That the defendant report to a probation officer as directed by the court or the probation officer;

     (c)  That the defendant remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;

     (d)  That the defendant notify a probation officer prior to any change in address or employment;

     (e)  That the defendant notify a probation officer promptly if arrested or questioned by a law enforcement officer;

     (f)  That the defendant permit a probation officer to visit the defendant at the defendant's home or elsewhere as specified by the court; [and]

     (g)  That the defendant make restitution for losses suffered by the victim or victims if the court has ordered restitution pursuant to section 706-646[.]; and

     (h)  That the defendant in a misdemeanor or petty misdemeanor case submit to monitoring by an electronic monitoring device during the term of the probation if the defendant:

         (i)  Has been convicted of any misdemeanor or petty misdemeanor on at least two prior and separate occasions within three years of the date of the commission of the present offense; and

        (ii)  Will not be sentenced to a term of imprisonment for the present offense as a condition of probation pursuant to subsection (2)(a) or under any other law."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Mandatory Terms of Probation for Repeat Offenders; Electronic Monitoring; Misdemeanors; Petty Misdemeanors

 

Description:

Requires electronic monitoring as a condition of probation for repeat misdemeanor and petty misdemeanor offenders who are not sentenced to incarceration.

 

 

 

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