REPORT TITLE:
Pre-Trial Inmates


DESCRIPTION:
Extends for one year the emergency release mechanism for pre-
trial inmates.  Corrects statutory reference in connection with
detainees found to be mentally defective or incapacitated.
(HB1196 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1196
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE RELEASE OF PRE-TRIAL INMATES.



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

 1      SECTION 1.  Act 305, Session Laws of Hawaii 1993, as amended
 
 2 by Act 195, Session Laws of Hawaii 1994, by Act 156, Session Laws
 
 3 of Hawaii 1995, by Act 216, Session Laws of Hawaii 1996, and by
 
 4 Act 227, Session Laws of Hawaii 1998, is amended as follows:
 
 5      (1) By amending section 1 to read as follows:
 
 6      "SECTION 1.  Chapter 353, Hawaii Revised Statutes, is
 
 7 amended by adding two new sections to be appropriately designated
 
 8 and to read as follows:
 
 9      "353-    Release of pre-trial inmates to prevent
 
10 overcrowding.(a)  Notwithstanding chapter 804 and any other law
 
11 to the contrary and except as provided in subsection (b), the
 
12 director or a designee of the director may order the release of
 
13 pre-trial inmates on recognizance to prevent or relieve
 
14 overcrowding when a community correctional center has reached
 
15 capacity, as determined by the director.  The director's order
 
16 shall supersede and have the same force and effect as an order
 
17 entered by a court pursuant to chapter 804.  A copy of the
 
18 director's order shall be filed with the court in which the
 
19 charge against the pre-trial inmate is pending.
 

 
Page 2                                                     1196
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1      (b)  No pre-trial inmate who has been:
 
 2      (1)  Denied bail or whose bail has been set at more than
 
 3           $10,000 pursuant to chapter 804;
 
 4      (2)  Charged with or convicted of or is on probation or
 
 5           parole for a serious crime, as defined in section
 
 6           804-3, or for a crime involving violence against a
 
 7           person;
 
 8      (3)  Found to be mentally defective or mentally
 
 9           incapacitated pursuant to section [707-700;] 707-400;
 
10      (4)  Convicted of three or more counts of contempt of court
 
11           within the twelve month period immediately preceding
 
12           the inmate's present detention;
 
13      (5)  Arrested three or more times within the twelve month
 
14           period immediately preceding the inmate's present
 
15           detention; or
 
16      (6)  Charged with a class C felony or misdemeanor offense
 
17           involving risk to public safety as determined by the
 
18           director or a designee of the director,
 
19 shall be eligible for release pursuant to this section.
 
20      (c)  Prior to the release of any inmate pursuant to this
 
21 section, the director or a designee of the director shall notify
 
22 the prosecuting authority that the inmate will be released
 
23 pursuant to this section.
 

 
Page 3                                                     1196
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1      (d)  The power to release a pre-trial inmate pursuant to
 
 2 this section is granted solely for the purpose of managing the
 
 3 population of the community correctional centers and nothing in
 
 4 this section shall be construed as granting any person the right
 
 5 to be released.  An order releasing a pre-trial inmate pursuant
 
 6 to this section shall not operate to dismiss or otherwise
 
 7 terminate any charges then pending against the pre-trial inmate.
 
 8      (e)  The State, its officers, and employees, shall not be
 
 9 subject to any civil liability or penalty for any error in
 
10 judgment or discretion made in good faith and upon reasonable
 
11 grounds in any action taken or omitted by the State, its
 
12 officers, and employees, in an official capacity under this
 
13 section.
 
14      (f)  The director shall adopt rules in accordance with
 
15 chapter 91 for the release of pre-trial inmates pursuant to this
 
16 section.
 
17      353-  Terms and conditions of release; violations;
 
18 sanctions.(a)  A pre-trial inmate released pursuant to section
 
19 353-   shall be subject to the conditions stated in section
 
20 804-7.4.  In addition, the director may impose any of the
 
21 conditions which a court is authorized to impose pursuant to
 
22 section 804-7.1 and shall impose any conditions contained in any
 
23 court order superseded by the director's order.
 

 
Page 4                                                     1196
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1      (b)  Every pre-trial inmate released under this section
 
 2 shall be subject to the express condition, to be set forth in the
 
 3 official written notification of release, that release may be
 
 4 revoked by order of the director or a designee of the director in
 
 5 the event that the pre-trial inmate violates any terms or
 
 6 conditions of the release.
 
 7      Upon receipt of specific information from an intake service
 
 8 center worker that a pre-trial inmate has violated any of the
 
 9 terms or conditions of the release, the director or a designee of
 
10 the director may order the arrest and temporary return to custody
 
11 of the pre-trial inmate for the purpose of ascertaining whether
 
12 or not there is sufficient cause to warrant the revocation of the
 
13 pre-trial inmate's release under section 353-  .  The arrest
 
14 order shall state the alleged violation which gave rise to its
 
15 issuance.
 
16      Upon the remanding of the pre-trial inmate into custody,
 
17 hearing on the alleged violation shall be conducted promptly for
 
18 the purpose of ascertaining whether or not there is sufficient
 
19 cause to warrant the revocation of the pre-trial inmate's
 
20 release.  The pre-trial inmate shall have, with respect to the
 
21 revocation hearing, those rights set forth in section 706-670(3).
 
22      If sufficient cause for the alleged violation of terms or
 
23 conditions of release is found at the hearing, the director or a
 

 
Page 5                                                     1196
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 designee of the director may impose different or additional
 
 2 conditions on the pre-trial inmate's release or revoke the pre-
 
 3 trial inmate's release.  If sufficient cause is not found, the
 
 4 pre-trial inmate shall be released from custody subject to all of
 
 5 the original terms and conditions of release.
 
 6      Notice of reincarceration shall be filed with the court.""
 
 7      (2)  By amending section 2 to read as follows:
 
 8      "SECTION 2.  No less than twenty days prior to the convening
 
 9 of the regular session of the legislature in each year from 1994
 
10 through [1999,] 2000, the director shall report the progress of
 
11 the program, and make recommendations for further legislative
 
12 action."
 
13      (3)  By amending section 4 to read as follows:
 
14      "SECTION 4.  This Act shall take effect on July 1, 1993, and
 
15 shall be repealed on June 30, [1999.] 2000."
 
16      SECTION 2.  Act 195, Session Laws of Hawaii 1994, as amended
 
17 by Act 156, Session Laws of Hawaii 1995, by Act 216, Session Laws
 
18 of Hawaii 1996, and by Act 227, Session Laws of Hawaii 1998, is
 
19 amended as follows:
 
20      (1)  By amending section 2 to read as follows:
 
21      "SECTION 2.  No later than twenty days prior to the
 
22 convening of the regular session in each year from 1995 through
 
23 [1999,] 2000, the director shall submit a written report to the
 

 
Page 6                                                     1196
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 legislature on the recidivism rate of pre-trial inmates released
 
 2 under this program."
 
 3      (2)  By amending section 4 to read as follows:
 
 4      "SECTION 4.  This Act shall take effect upon its approval,
 
 5 and shall be repealed on June 30, [1999.] 2000."
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect on June 29, 1999.