REPORT TITLE:
Corrections


DESCRIPTION:
Transfers responsibility for the residential detention of
prearraignment detainees from the counties to the community
correctional centers administered by the department of public
safety.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1529
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO RESIDENTIAL DETENTION OF PREARRAIGNMENT DETAINEES.



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

 1      SECTION 1.  The legislature finds that the responsibility
 
 2 for providing residential detention for pre-trial detainees
 
 3 should be assumed by community correctional facilities
 
 4 administered by the department of public safety.  The purpose of
 
 5 this Act is therefore to transfer this responsibility from each
 
 6 county to a community correctional center under the direction and
 
 7 administration of the director of the department of public
 
 8 safety.
 
 9      SECTION 2.  Section 353-6, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "353-6 Establishment of community correctional centers.
 
12 [(a)] There shall be a community correctional center for each
 
13 county under the direction and administration of the director.
 
14 Any community correctional center may be integrated and operated
 
15 concurrently with any other correctional facility or facilities.
 
16 Each center shall:
 
17      (1)  Provide residential detention for persons who have been
 
18           arraigned or have made an initial appearance and who
 
19           have not been admitted to bail, released to appear, or
 

 
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                                     S.B. NO.           1529
                                                        
                                                        

 
 1           otherwise released;
 
 2      (2)  Provide residential custody and correctional care for
 
 3           committed misdemeanants and for felons committed to
 
 4           indeterminate sentences;
 
 5      (3)  Provide for committed persons, correctional services,
 
 6           including but not limited to, social and psychiatric-
 
 7           psychological evaluation, employment, counseling,
 
 8           social inventory, correctional programming, medical and
 
 9           dental services, and sex abuse education and treatment
 
10           programs for persons convicted of sexual offenses or
 
11           who are otherwise in need of these programs;
 
12      (4)  Provide recreational, educational, and occupational
 
13           training, and social adjustment programs for committed
 
14           persons;
 
15      (5)  Provide referrals to community educational, vocational
 
16           training, employment, and work study programs; and
 
17           aftercare, supervisory, and counseling services for
 
18           persons released from centers[.]; and
 
19      [(b)  Each county shall provide]
 
20      (6)  Provide residential detention for persons who are
 
21           prearraignment detainees."
 
22      SECTION 3.  Transfer; duties of the director of public
 
23 safety.(a)  The responsibility for the residential detention of
 

 
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                                     S.B. NO.           1529
                                                        
                                                        

 
 1 pre-arraignment detainees is hereby transferred from the police
 
 2 departments of each of the respective counties to appropriate
 
 3 community correctional centers administered by the department of
 
 4 public safety.  The director of public safety shall oversee and
 
 5 ensure the orderly transfer of responsibility as provided in this
 
 6 Act for the protection of public safety.  The director shall
 
 7 provide for the logistics of the transfer to appropriate
 
 8 community correctional centers.
 
 9      (b)  All appropriations, records, equipment, machines,
 
10 files, supplies, contracts, books, papers, documents, maps, and
 
11 other personal property heretofore made, used, acquired, or held
 
12 by the police departments of each of the respective counties
 
13 relating to the functions transferred to the community
 
14 correctional centers administered by the department of public
 
15 safety shall be transferred with the functions to which they
 
16 relate.
 
17      SECTION 4.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 5.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:  _______________________