Report Title:

Pedophiles; Continuing Therapy

 

Description:

Authorizes courts and the paroling authority to require persons convicted of sex offenses against children to obtain psychiatric or psychological therapy upon the completion of their terms of imprisonment.

 

THE SENATE

S.B. NO.

158

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SEX OFFENDERS.

 

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

SECTION 1. The purpose of this Act is to authorize the courts and the paroling authority to require persons convicted of sex offenses against children to obtain psychiatric or psychological therapy upon the completion of their terms of imprisonment.

SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "706-    Post-imprisonment psychiatric or psychological therapy for convicted child sex offenders. (1) Any person who has been convicted in this State or any other jurisdiction of any offense specified in subsection (2), where the victim has not attained thirteen years of age, may be ordered to undergo psychiatric or psychological therapy following the completion of that person's term of imprisonment, in addition to any other punishment prescribed for that offense or any other provision of law.

(2) This section shall apply to the following offenses:

(a) Section 707-730(1)(b);

(b) Section 707-732(1)(b);

(c) Section 707-733.5;

(d) Section 707-741; or

(e) An offense under the law of another state or other jurisdiction that is equivalent to an offense specified in paragraphs (a) to (d).

(3) If it is determined by a qualified mental health professional that the offender is amenable to psychiatric or psychological therapy, the court may require, as a condition of probation under section 706-624(2)(k), the defendant to undertake psychiatric or psychological treatment by a qualified mental health professional. In the case of a person sentenced to probation who is required to undergo psychiatric or psychological therapy and is in the custody of the department of public safety or other law enforcement agency or confined in a state or county correctional institution at the time of sentencing, when that person becomes eligible for probation, that person shall begin therapy prior to the person's release from custody or confinement. Additional therapy shall continue after the defendant's release from custody or confinement until the defendant demonstrates to the court that the treatment is no longer necessary.

(4) The Hawaii paroling authority, in the exercise of its discretion in considering the grant of parole to a person who has been convicted under subsection (1), as a condition of parole under sections 706-670(2) and 706-624(2)(k), may require that the person undergo psychiatric or psychological therapy; provided that, while undergoing this treatment, the person must participate in and pay for therapy currently available from a private or public provider of outpatient mental health services. A person who is required to participate in therapy as a condition of parole shall begin therapy at least one week prior to the person's release from confinement in a state or county correctional institution, but additional therapy shall continue after the defendant's release on parole until the defendant demonstrates to the Hawaii paroling authority that the treatment is no longer necessary. The provision of treatment required as a condition of parole shall be administered by the Hawaii paroling authority through qualified mental health professionals employed by the defendant and approved by the authority. The department of public safety shall permit access by the qualified mental health professional for this purpose to any person required to begin therapy while confined in a facility of the department.

(5) Any qualified mental health professional who acts in good faith in compliance with this section in the provision of therapy provided for in this section shall be immune from civil or criminal liability for that person's actions in connection with the treatment or counseling.

(6) As used in this section, the term "qualified mental health professional" means a psychiatrist who is licensed under chapter 453, a psychologist who is licensed under chapter 465, or a social worker licensed under chapter 467E who specializes in psychiatric social work.

(7) The department of public safety shall adopt rules pursuant to chapter 91 to provide for the effective administration and implementation of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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