REPORT TITLE:
Regimental Discipline Program


DESCRIPTION:
Clarifies the department of public safety's (PSD) regimental
discipline program.  Provides PSD with specific guidelines to
enact the program and appropriates moneys for the program.
Creates a temporary two-year pilot program within the Office of
Youth Services to enact a similar regimental discipline program
for 17 year olds and under.  (HB618 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        618
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO A PROGRAM OF REGIMENTAL DISCIPLINE.



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

 1      SECTION 1.  Section 706-605.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]706-605.5[]]  Program of regimental discipline.(1)
 
 4 The department of public safety [is authorized to] shall
 
 5 implement a rigorous offender program based on regimental
 
 6 discipline[.] that is patterned after military basic training.
 
 7 Participants shall undergo a regimen of hard work, physical
 
 8 training, intensive counseling, and educational and treatment
 
 9 programs within a highly structured and motivational environment.
 
10 Drug treatment programs shall also be available, where
 
11 appropriate.  The program shall be available to defendants and
 
12 committed persons who:
 
13      (a)  Have not been convicted of a class A felony;
 
14      (b)  Are not considered violent;
 
15      (c)  Are chosen by the director of public safety;
 
16      (d)  Are in good physical and mental condition;
 
17      (e)  Have not been previously sentenced to [an
 
18           indeterminate] a term of imprisonment[; and] nor
 
19           ordered to participate in a program of regimental
 
20           discipline;
 

 
Page 2                                                     618
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (f)  Are willing to participate in the program[.]; and
 
 2      (g)  Are aged eighteen to twenty-five;
 
 3      (2)  The court, with the approval of the director of public
 
 4 safety, may order a defendant to satisfactorily complete a
 
 5 program of regimental discipline of not less than ninety days nor
 
 6 more than one-hundred twenty days, in lieu of a sentence, or
 
 7 before the court sentences a defendant, as a condition of
 
 8 probation or a deferred acceptance of guilty plea.
 
 9      (3)  If a defendant:
 
10      (a)  Is ordered to complete a program, the director of
 
11           public safety shall certify to the court whether the
 
12           defendant completed the program satisfactorily;
 
13      (b)  [If the defendant fails] Fails to complete the program
 
14           satisfactorily as a condition of a deferred acceptance
 
15           of guilty plea, such a failure shall be considered in
 
16           accordance with section 853-3;
 
17      (c)  [If a defendant fails] Fails to complete the program
 
18           satisfactorily as a condition of probation, such a
 
19           failure shall be considered in accordance with section
 
20           706-625; and
 
21      (d)  Fails to satisfactorily complete the program in lieu of
 
22           a sentence, the defendant shall serve the sentence that
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           would have been imposed had the program not been
 
 2           ordered, less the time served in the program.
 
 3      A defendant may be expelled from the program at any time and
 
 4 shall be treated as if the defendant had not satisfactorily
 
 5 completed the program.
 
 6      (4)  The department of public safety shall provide necessary
 
 7 staff to implement the program and facilities to house program
 
 8 participants.
 
 9      (5)  A person who is ordered to complete the program shall
 
10 be transported directly to the program facility and shall not be
 
11 subject to the department of public safety's intake procedures.
 
12      (6)  The department of public safety may adopt rules
 
13 pursuant to chapter 91 to implement the program."
 
14      SECTION 2.  (a)  There is established within the office of
 
15 youth services for administrative purposes a two-year youth
 
16 offender pilot program based on regimental discipline and
 
17 patterned after military basic training.
 
18      (b)  Participants shall undergo a regimen of hard work,
 
19 physical training, intensive counseling, and educational and
 
20 treatment programs within a highly structured and motivational
 
21 environment.  Drug treatment programs shall also be available,
 
22 where appropriate.
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  The program shall be available to youth offenders who:
 
 2           (1)  Are chosen by the director of the office of youth
 
 3                services;
 
 4           (2)  Are not considered violent;
 
 5           (3)  Are in good physical and mental condition; and
 
 6           (4)  Are willing to participate in the program.
 
 7      SECTION 3.  The office of youth services shall staff,
 
 8 administer, and oversee the program with existing resources.  The
 
 9 office of youth services shall not request any funds for the
 
10 program from the legislature but may where appropriate, seek
 
11 federal or private funding for the program.
 
12      SECTION 4.  (a)  Prior to the convening of the regular
 
13 session of 2000, the office of youth services shall submit to the
 
14 legislature a progress report of the actions taken pursuant to
 
15 this Act.
 
16      (b)  Prior to the convening of the regular session of 2001,
 
17 the office of youth services shall submit to the legislature a
 
18 final report of its findings and recommendations.  The report
 
19 shall include:
 
20      (1)  An in-depth evaluation of the program, including a list
 
21           of recommendations and action items required to enact
 
22           the program permanently;
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  A proposed budget, if appropriate, required to operate
 
 2           and maintain the program permanently; and
 
 3      (3)  Any related proposed legislation.
 
 4 The pilot program shall cease to exist on June 30, 2001.
 
 5      SECTION 5.  There is appropriated our of the general
 
 6 revenues of the State of Hawaii the sum of $        or so much
 
 7 thereof as may be necessary for fiscal year 1999-2000 and the
 
 8 same sum or so much thereof as may be necessary for fiscal year
 
 9 2000-2001 to carry out the purposes of section 1 of this Act.
 
10 The sums appropriated shall be expended by the department of
 
11 public safety.
 
12      SECTION 6.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 7.  This Act shall take effect on July 1, 1999.