Bill Text: HI SB562 | 2010 | Regular Session | Introduced

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Bill Title: Public Safety; Parole

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB562 Detail]

Download: Hawaii-2010-SB562-Introduced.html

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Report Title:

Public Safety; Parole

 

Description:

Appropriates funds for the Hawaii paroling authority to establish a two-year pilot project, involving no more than thirty parolees, requiring weekly randomized drug testing and imposing swift intermediate sanctions for parole violations.  Requires paroling authority to submit preliminary report by 12/1/10 and final report by 12/1/11.

 

THE SENATE	S.B. NO.	562
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PAROLE MODIFICATION.

 

 

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

 

     SECTION 1.  The legislature finds that the United States has the highest rate of incarceration in the world.  By the end of 2006, there were approximately 2,400,000 prisoners in correctional facilities across the country.  At the same time, there were 4,200,000 on probation.  Unfortunately, many probationers often fail to show up for scheduled appointments with their probation officers.  Many probationers also decline to take mandatory drug tests or test positive for illegal drug use.  Studies show that as many as half of all probationers go on to break the law again.

     The legislature also finds that, in 2004, the circuit court of the first circuit launched a probation modification project, also known as Hawaii's opportunity probation with enforcement, or HOPE.  Under conventional probation systems, probationers often commit numerous probation violations, such as failing to appear for appointments with their probation officer or failing a drug test.  These violations typically go unpunished for months or years, until the number of violations accumulate to the point that the probationer faces severe consequences, including revocation of probation and being sentenced to a long prison term.  Under the HOPE program, sanctions are imposed for each probation violation.  These sanctions may be relatively minor, often only a few days in jail, but are imposed immediately rather than months or years after the violation.

     The legislature further finds that, as of July 2008, within the test group of probationers who were involved in the HOPE program for at least three months, missed appointments with probation officers fell from 13.3 per cent to 2.6 per cent.  Similarly, the incidence of failed drug tests fell from 49.3 per cent to 6.5 per cent.  This reduction in violations compares favorably to results from a control group of probationers who were not involved in the HOPE program.  In the control group, the number of probation violations actually rose during the same period of time.

     The purpose of this Act is to establish a program for prisoners who have been released on parole similar to the HOPE program for probationers.

     SECTION 2.  The Hawaii paroling authority shall establish a two-year pilot project similar to the judiciary's probation modification project, Hawaii's opportunity probation with enforcement.  The two-year pilot parole modification project shall consist of no more than thirty parolees who are considered to be at high risk of violating the conditions of their parole.  The parole modification program shall:

     (1)  Provide formal warning to the parolees, in a hearing before the Hawaii paroling authority, that violation of the conditions of parole shall have consequences;

     (2)  Require the parolees to submit to weekly randomized drug testing;

     (3)  Order the arrest of parolees who test positive for illegal drug use;

     (4)  Order the arrest of parolees who miss a scheduled appointment with their parole officer, fail to appear for a required drug test, or otherwise violate the conditions of their parole;

     (5)  Impose sanctions on parolees who violate the conditions of their parole; and

     (6)  Ensure that parolees in need of drug treatment, mental health therapy, or other social services shall receive the needed treatment.

Parolees shall be made aware of the sanctions that will be imposed for violating the conditions of their parole.  Sanctions shall be imposed within a short period of time from the occurrence of the violation.  Sanctions shall include the modification of the terms of parole to include short terms of incarceration.  The terms of incarceration may be increased if a parolee continues to violate the conditions of parole.

     SECTION 3.  The department shall submit a preliminary report to the legislature, not later than December 1, 2010, and a final report not later than December 1, 2011, on:

     (1)  The progress of the pilot project;

     (2)  Cost analysis and an accounting of expenses;

     (3)  Relevant data on program participants;

     (4)  Program and management evaluations; and

     (5)  Any other pertinent information, recommendations, or proposed legislation, if any, to determine whether the program should be continued.

     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 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the establishment of a two-year pilot parole modification project.

     The sums appropriated shall be expended by the Hawaii paroling authority for the purposes of this Act.

     SECTION 5.  This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2009.

 

INTRODUCED BY:	_____________________________