REPORT TITLE:
Intermediate Sanctions


DESCRIPTION:
Addresses the prison overcrowding issue by continuing the
comprehensive schedule of incarceration alternatives and
continuing rehabilitative and assistive program for arrestees and
incarcerated person.  Makes drug court program permanent.  (HB157
SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        157
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



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

 1      SECTION 1.  The legislature finds that rehabilitation
 
 2 programs that educate and prepare persons who are awaiting trial,
 
 3 have been convicted, are incarcerated, or are on parole, are
 
 4 critical to the future well-being of the community.  In addition,
 
 5 prompt handling of drug cases and more intensive judicial
 
 6 involvement with monitoring will help ensure the effectiveness of
 
 7 the system.
 
 8      The legislature further finds that alternatives to
 
 9 incarceration that do not undermine public safety include the
 
10 intensive supervision of appropriate probationers that was proven
 
11 effective as a pilot project in the first circuit court several
 
12 years ago.  The integrated community sanctions program will
 
13 implement this concept through structured intermediate sanctions
 
14 established by probation offices of the circuit courts for
 
15 nonviolent offenders.  Targeted offenders include probation
 
16 violators, who may not qualify under a drug diversion program,
 
17 and sentenced felons or misdemeanants who commit nonviolent
 
18 property offenses.  The program will provide community sanctions
 
19 of house arrest, intensive supervision, and curfew using
 

 
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 1 electronic monitoring devices.  To improve surveillance,
 
 2 probation supervision operations will be decentralized, using
 
 3 existing community sites such as rural district court facilities.
 
 4 On Oahu, two teams of two officers each will:
 
 5      (1)  Be dedicated to a specific geographic area;
 
 6      (2)  Supervise approximately thirty-five offenders per team;
 
 7           and
 
 8      (3)  Conduct late evening surveillance as required.
 
 9      The purpose of this Act is to address the issue of prison
 
10 overcrowding at a time when budget considerations constrain
 
11 investment in new prison facilities by:
 
12      (1)  Continuing the comprehensive schedule of alternatives
 
13           to incarceration established by Act 25, Special Session
 
14           Laws of Hawaii 1995; and
 
15      (2)  Continuing the rehabilitative and assistance programs
 
16           for arrestees and incarcerated persons established by
 
17           Act 25, Special Session Laws of Hawaii 1995.
 
18                              PART I
 
19      SECTION 2.  The judiciary may establish an appropriate
 
20 number of temporary positions for the purpose of implementing the
 
21 integrated community sanctions program for fiscal biennium 1999-
 
22 2001.
 
23      SECTION 3.  There is appropriated out of the general
 

 
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 1 revenues of the State of Hawaii the sum of $0 or so much thereof
 
 2 as may be necessary for fiscal year 1999-2000 and the sum of $0
 
 3 or so much thereof as may be necessary for fiscal year 2000-2001
 
 4 for the integrated community sanctions program.
 
 5      SECTION 4.  The sums appropriated shall be expended by the
 
 6 judiciary for the purposes of this Act.
 
 7                              PART II
 
 8      SECTION 5.  The legislature finds that early intervention of
 
 9 drug treatment for nonviolent drug offenders is an essential part
 
10 of the drug court concept and will divert offenders from jail
 
11 into residential or appropriate out-patient treatment programs
 
12 upon initial detention.  The department of public safety, the
 
13 offices of the prosecuting attorneys in the various circuits, and
 
14 the drug court in the first circuit and other courts, as
 
15 appropriate, may identify the substance abuser after arrest,
 
16 assess the extent of addiction, determine the level of treatment
 
17 needed, and refer the individual to a substance abuse program
 
18 until clinical discharge with approval of the appropriate
 
19 authority.  Failure to successfully complete drug treatment will
 
20 result in increasing sanctions, including incarceration.
 
21      Many pretrial detainees currently qualify for such a program
 
22 but none are available because of limited resources.  The
 
23 legislature therefore finds it necessary to fund drug treatment
 

 
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 1 programs for offenders diverted from jail on supervised release
 
 2 by the courts and in connection with programs of deferred
 
 3 prosecution that may be established by offices of prosecuting
 
 4 attorneys in the various circuits.  It is anticipated that at
 
 5 least forty-eight pretrial offenders per year will be diverted to
 
 6 drug treatment in connection with the circuit courts.  The
 
 7 department of public safety estimates that forty-eight other
 
 8 offenders in the first year, and ninety-six in the second year of
 
 9 the biennium would be eligible for diversion through supervised
 
10 release.
 
11      SECTION 6.  There is appropriated out of the general
 
12 revenues of the State of Hawaii the sum of $0 or so much thereof
 
13 as may be necessary for fiscal year 1999-2000 and the sum of $0
 
14 or so much thereof as may be necessary for fiscal year 2000-2001
 
15 for the drug treatment programs.
 
16      SECTION 7.  The sums appropriated shall be expended by the
 
17 judiciary for the purposes of this Act.
 
18                             PART III
 
19      SECTION 8.  The legislature finds that the primary mission
 
20 of the State's correctional function is the protection of the
 
21 public.  One way this protection is achieved is through programs
 
22 that prepare inmates for successful reintegration into the
 
23 community after their release from incarceration.  Without this
 

 
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 1 preparation, most inmates will have great difficulty in
 
 2 establishing meaningful, productive, crime-free lives.  Upon
 
 3 entry into prison, approximately sixty percent of the inmates are
 
 4 functionally illiterate, most have no real vocational skills, and
 
 5 eighty-five percent have a history of substance abuse.  The
 
 6 number of inmates who are sex offenders is growing rapidly.
 
 7      Unless programs are available to address these issues, these
 
 8 inmates cannot safely be released into the community.  The Hawaii
 
 9 paroling authority has found that a large majority of parole
 
10 violations are attributable to substance abuse.  In addition,
 
11 many sex offenders are not adequately prepared for release into
 
12 the community because of limited treatment opportunities in
 
13 prison, and thus must remain incarcerated, contributing to
 
14 overcrowding.
 
15      The legislature therefore finds that correctional programs
 
16 need to be properly funded to:
 
17      (1)  Protect the public;
 
18      (2)  Alleviate overcrowding; and
 
19      (3)  Give inmates the opportunity to successfully return to
 
20           the community.
 
21      SECTION 9.  The department of public safety may provide for:
 
22 the establishment of appropriate temporary positions for inmate
 
23 basic education and vocational programs; the purchase of services
 

 
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 1 for medically disabled inmates in the sex offender treatment
 
 2 program; personnel costs for surveillance groups in the sex
 
 3 offender treatment program; personnel costs, other current
 
 4 expenses, and equipment for the assessment center of the sex
 
 5 offender treatment program; and personnel costs and other current
 
 6 expenses for substance abuse programs for fiscal biennium 1999-
 
 7 2001.
 
 8      SECTION 10.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of $0 or so much thereof
 
10 as may be necessary for fiscal year 1999-2000 and the sum of $0
 
11 or so much thereof as may be necessary for fiscal year 2000-2001
 
12 for the community reintegration programs.
 
13      SECTION 11.  The sums appropriated shall be expended by the
 
14 department of public safety for the purposes of this Act.
 
15                              PART IV
 
16      SECTION 12.  The Hawaii paroling authority is limited in
 
17 program options by the lack of alternatives for a parolee who is
 
18 employed but who is violating technical conditions of the
 
19 parolee's parole.  Current practice is to return the parolee to
 
20 custody for up to ninety days, due to high caseloads, rather than
 
21 providing extensive daily supervision and keeping the parolee out
 
22 of custody.  In this situation, the parolee invariably loses the
 
23 parolee's job, reducing the chances of successful parole
 

 
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 1 completion.
 
 2      In fiscal year 1994, approximately thirty percent or eighty-
 
 3 six technical parole violators could have utilized a structured
 
 4 residential program in lieu of revocation and reincarceration.
 
 5 Many are drug users who must be removed from their current
 
 6 environment to abstain from drugs and enter treatment.  This can
 
 7 be accomplished at the residential facility.
 
 8      The legislature finds that it is more practical and
 
 9 financially responsible to place these employed parolees in a
 
10 residential facility with work release than to return these
 
11 offenders to prison.
 
12      SECTION 13.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $0 or so much thereof
 
14 as may be necessary for fiscal year 1999-2000 and the sum of $0
 
15 or so much thereof as may be necessary for fiscal year 2000-2001
 
16 for the residential work-furlough program.
 
17      SECTION 14.  The sums appropriated shall be expended by the
 
18 department of public safety for the purposes of this Act.
 
19      SECTION 15.  The legislature finds that in order to promote
 
20 successful reintegration into the community, there is a need to
 
21 provide an opportunity for the exiting offender to assume
 
22 increasing levels of responsibility, while at the same time,
 
23 providing sufficient monitoring of the offender's activity to
 

 
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 1 promote community safety and to continue the sanction of the
 
 2 sentence.
 
 3      SECTION 16.  The department of public safety shall establish
 
 4 a "Halfway In, Halfway Back" program for non-violent inmates who
 
 5 are within the last six months of their incarceration and who
 
 6 will not pose a threat to the health, safety, and welfare of the
 
 7 general public.  This shall be a graduated transitional release
 
 8 program, which will permit an inmate to live at his or her home
 
 9 and work at gainful employment, while continuing official
 
10 supervision in the community by both residential facility staff
 
11 and department of public safety staff.  The program will provide
 
12 highly structured supervision, reporting, employment,
 
13 restitution, and community activities for inmates.  The program
 
14 will be operated by existing residential facility contractors
 
15 providing these services statewide.  The program's overview is as
 
16 follows:
 
17      (1)  Residential facility staff shall monitor the program on
 
18           a seven-day-a-week, twenty-four-hour-a-day basis;
 
19      (2)  The residential facility director shall oversee daily
 
20           operations and act as a liaison to the department of
 
21           public safety;
 
22      (3)  Violations may result in the inmates' return to a more
 
23           restrictive level of supervision and reporting;
 

 
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 1      (4)  The residential facility staff will assure offender
 
 2           compliance with the individual release plan program
 
 3           through routine scheduled and unscheduled checks with
 
 4           the inmate;
 
 5      (5)  The residential facility case manager shall review and
 
 6           approve daily and weekly schedules; and
 
 7      (6)  The residential facility staff shall verify offender
 
 8           compliance in the community by random home, school, or
 
 9           work site telephone contacts.
 
10      SECTION 17.  There is appropriated out of the general
 
11 revenues of the State of Hawaii the sum of $0 or so much thereof
 
12 as may be necessary for fiscal year 1999-2000 and the sum of $0
 
13 or so much thereof as may be necessary for fiscal year 2000-2001
 
14 for the "Halfway In, Halfway Back" program.
 
15      SECTION 18.  The sums appropriated shall be expended by the
 
16 department of public safety for the purposes of this Act.
 
17      SECTION 19.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $0 or so much thereof
 
19 as may be necessary for fiscal year 1999-2000 and the sum of $0
 
20 or so much thereof as may be necessary for fiscal year 2000-2001
 
21 for the early parole program.
 
22      SECTION 20.  The sums appropriated shall be expended by the
 
23 department of public safety for the purposes of this Act.
 

 
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 1                              PART V
 
 2      SECTION 21.  Without continued treatment while on parole,
 
 3 sex offenders will pose a significant danger to the community.
 
 4 Similarly, drug-dependent offenders crave illegal substances and
 
 5 will do almost anything to continue their addiction.  Without
 
 6 substance abuse treatment, they will pose a continuing threat to
 
 7 the community.  In addition, an estimated eighty per cent (or two
 
 8 hundred twenty-nine) of parole violators who returned to prison
 
 9 return due to drug-related activities.  Without substance abuse
 
10 treatment while in the community, drug dependent offenders pose a
 
11 risk to community safety and are more likely to fail parole and
 
12 be incarcerated.
 
13      SECTION 22.  There is appropriated out of the general
 
14 revenues of the State of Hawaii the sum of $0 or so much thereof
 
15 as may be necessary for fiscal year 1999-2000 and the sum of $0
 
16 or so much thereof as may be necessary for fiscal year 2000-2001
 
17 for sex offender and substance abuse treatment services.
 
18      SECTION 23.  The sums appropriated shall be expended by the
 
19 department of public safety for the purposes of this Act.
 
20                              PART VI
 
21      SECTION 24.  Due to the dramatic increase in substance abuse
 
22 cases and the resulting increase in the number of detained and
 
23 incarcerated individuals with drug abuse problems, the
 

 
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 1 legislature established a temporary drug court program as an
 
 2 alternative to incarceration and to dealing with the drug-abusing
 
 3 offender.  The institution of the Hawaii drug court has offered
 
 4 substance abusers an effective means of addressing their abuse
 
 5 problems while being held accountable for their progress in
 
 6 treatment through regular contact with the drug court.
 
 7      SECTION 25.  Chapter 603, Hawaii Revised Statutes, is
 
 8 amended by adding a new section to be appropriately designated
 
 9 and to read as follows:
 
10      "603-     Drug court, established.  There is established a
 
11 permanent drug court within the circuit court of the first
 
12 circuit.  The purpose of the drug court is to enhance the
 
13 effectiveness of the criminal justice system and its substance
 
14 abuse delivery system and treatment through:
 
15      (1)  Early intervention and increased diversion from
 
16           incarceration;
 
17      (2)  Individualized assessment of drug problems;
 
18      (3)  Increased access to a continuum of drug treatment
 
19           options, from assessment for appropriate treatment that
 
20           will include a spectrum of solutions from drug
 
21           education to residential substance abuse treatment, and
 
22           after care to increased drug testing by urinalysis; and
 
23      (4)  Judicial tracking and increased judicial involvement in
 

 
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 1           monitoring treatment participation with the use of
 
 2           incentives for compliance and graduated sanctions for
 
 3           noncompliance.
 
 4      The drug court shall consist of one of the existing first
 
 5 circuit court judges, to be selected by the chief justice.  The
 
 6 activities of the drug court judge shall be supported by related
 
 7 case management and auxiliary and support services, treatment,
 
 8 urinalysis, and intensive supervision mechanisms."
 
 9      SECTION 26.  New statutory material is underscored.
 
10      SECTION 27.  This Act shall take effect on July 1, 1999.