Report Title:

[Click here and type Report Title (1 line limit)]

 

Description:

[Click here and type Description (5 line limit)]

 

THE SENATE

S.B. NO.

1181

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

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

SECTION 1. The legislature finds that transferring adult parole supervision and counseling from the Hawaii paroling authority to the department of public safety will smooth the transition of criminal offenders who are leaving the highly structured environment of the prison system and reentering society. To date, thirty-nine other states have already discovered that the day-to-day mechanics of operating and maintaining programs to monitor and support paroled offenders outside of prison is a task most efficiently and effectively performed by the prison system and not a separate paroling authority. Consistency of program coordination is one of the benefits to this structure. For example, to lower the recidivism rate for substance abusers (who make up eighty to eighty-five percent of the State's current prison population), paroled offenders require consistent follow-up after their release from prison. Coordinating intensive substance abuse treatment programs in prison with monitoring and support programs outside of prison, with all such activities being housed in the department of public safety, will provide parolees with a clear understanding of what is expected of them and what the consequences will be if they fail to meet these expectations, before they reenter society.

Transferring adult parole supervision and counseling to the department of public safety will also allow the Hawaii paroling authority to focus all of its energies and resources on determining who is fit for parole and who is not, which is the program objective of adult parole determination. It would also allow the department of public safety to focus more of its energies and resources on the supervision and aiding of parolees and furloughed prisoners.

Consequently, the purpose of this Act is to transfer the rights, positions, functions, and duties of personnel assigned to the parole administration division of the Hawaii paroling authority, excluding the secretary to the authority (position no. 5949), to the department of public safety.

SECTION 2. Section 26-14.6, Hawaii Revised Statutes, is amended to read as follows:

"26-14.6 Department of public safety. (a) The department of public safety shall be headed by a single executive to be known as the director of public safety.

(b) The department of public safety shall be responsible for the formulation and implementation of state policies and objectives for correctional, adult parole supervision and counseling, security, law enforcement, and public safety programs and functions, for the administration and maintenance of all public or private correctional facilities and services, for the service of process, and for the security of state buildings.

(c) Effective July 1, 1990, the Hawaii paroling authority and the crime victim compensation commission are placed within the department of public safety for administrative purposes only.

(d) Effective July 1, 1990, the functions and authority heretofore exercised by:

(1) The department of corrections relating to adult corrections and the intake service centers;

(2) The judiciary relating to the sheriff's office and judiciary security personnel; and

(3) The department of the attorney general relating to state law enforcement officers and narcotics enforcement investigators with the narcotics enforcement division,

shall be transferred to the department of public safety.

(e) Effective July 1, 1990, the functions and authority heretofore exercised by the department of health pursuant to chapters 329 and 329C, with the exception of sections 329-2, 329-3, and 329-4(3) to (8), shall be transferred to the department of public safety.

(f) Effective July 1, 1990, the functions, authority, and obligations, together with the limitations imposed thereon and the privileges and immunities conferred thereby, exercised by a "sheriff", "sheriffs", a "sheriff's deputy", "sheriff's deputies", a "deputy sheriff", "deputy sheriffs", or a "deputy", under sections 21-8, 47-18, 88-51, 105-4, 134-11, 134-51, 183D-11, 187A-14, 201G-55, 201G-74, 231-25, 281-108, 281-111, 286-52, 286-52.5, 321-1, 322-6, 325-9, 325-80, 353-11, 383-71, 438-5, 445-37, 482E-4, 485-6, 501-42, 501-171, 501-218, 521-78, 578-4, 584-6, 587-33, 603-29, 604-6.2, 606-14, 607-2, 607-4, 607-8, 633-8, 634-11, 634-12, 634-21, 634-22, 651-33, 651-37, 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21, 803-23, 803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23 shall be exercised to the same extent by the department of public safety.

(g) Effective January 1, 1993, the functions and authority heretofore exercised by the attorney general and the department of the attorney general relating to the executive security officers shall be transferred to the department of public safety.

(h) Effective July 1, 1999, the functions and authority heretofore exercised by the director of public safety and the department of public safety relating to after hours security contracts at department of education facilities, except for the security functions being performed by employees of the public library system as well as the contractual security services for the libraries, shall be transferred to the department of education.

(i) Effective January 1, 1993, the functions and authority heretofore exercised by the director of health and the department of health relating to uniformed security employees and security contracts at various state hospitals throughout the State shall be transferred to the department of public safety.

(j) Effective January 1, 1993, the functions and authority heretofore exercised by the director of human services and the department of human services relating to contractual security guard services shall be transferred to the department of public safety.

(k) Effective July 1, 1994, the functions and authority heretofore exercised by the adjutant general relating to security for national guard and state civil defense facilities in the Diamond Head complex, for after work hours, shall be transferred to the department of public safety.

(1) Effective July 1, 2001, the functions and authority heretofore exercised by the Hawaii paroling authority relating to adult parole supervision and counseling shall be transferred to the department of public safety."

SECTION 3. Section 353-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other responsibility or duty prescribed by law for the Hawaii paroling authority, the paroling authority shall:

(1) Serve as the central paroling authority for the State;

(2) In selecting individuals for parole, consider for parole all committed persons, except in cases where the penalty of life imprisonment not subject to parole has been imposed, regardless of the nature of the offense committed;

(3) Determine the time at which parole shall be granted to any eligible individual as that time at which maximum benefits of the correctional institutions to the individual have been reached and the element of risk to the community is minimal;

(4) Establish rules of operation to determine conditions of parole applicable to any individual granted parole;

[(5) Provide continuing custody, control, and supervision of paroled individuals;

(6)] (5) Revoke or suspend parole and provide for the authorization of return to a correctional institution for any individual who violates parole or any condition of parole when, in the opinion of the Hawaii paroling authority, the violation presents a risk to community safety or a significant deviation from any condition of parole;

[(7)] (6) Discharge an individual from parole when supervision is no longer needed;

[(8)] (7) Interpret the parole program to the public in order to develop a broad base of public understanding and support; and

[(9)] (8) Recommend to the legislature sound parole legislation and recommend to the governor sound parole administration."

SECTION 4. Section 353-63.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]353-63.5[]] Intermediate sanctions; eligibility; criteria and conditions. (a) The Hawaii paroling authority shall implement alternative programs that place, control, supervise, and treat selected parolees in lieu of incarceration[.], and the authority may require, as a condition or as an amended condition of parole, participation in an alternative program or programs.

[(b) The authority may impose participation in alternative programs as a condition of parole or as an amended condition of parole.

(c)] (b) As used in this section, "alternative programs" mean programs which, from time to time, are created and funded by legislative appropriation or federal grant naming the Hawaii paroling authority or the department of public safety on behalf of the Hawaii paroling authority as the expending agency and which are intended to provide an alternative to incarceration. Alternative programs may include:

(1) Home detention, curfew using electronic monitoring and surveillance, or both;

(2) Intensive supervision, residential supervision, work-furlough, and structured educational or vocational programs;

(3) Therapeutic residential and nonresidential programs; and

(4) Similar programs created and designated as alternative programs by the legislature, the chairperson of the Hawaii paroling authority, or the director of public safety for parolees who do not pose significant risks to the community."

SECTION 5. Section 353-71, Hawaii Revised Statutes, is

amended to read as follows:

"353-71 Parole officer and assistant parole officers. The [Hawaii paroling authority] director of public safety may appoint and remove at pleasure a parole officer and assistant parole officers as may be necessary, who shall receive such compensation as shall be provided by law. The duties of the parole officer shall be as follows:

(1) To keep a record of all paroled prisoners; to add from time to time thereafter information concerning the employment and wages of each paroled prisoner, together with the name of the paroled prisoner's employer and such details concerning the paroled prisoner's health, conduct, and environment as may come to the attention of the parole officer either from reports made to the parole officer or through the parole officer's own personal investigation;

(2) To receive reports from paroled prisoners as may be required by the rules [and regulations] of the [paroling authority] department of public safety and to check such reports by personal investigations and by conferences with the employers of such prisoners and such other persons as can give information concerning the habits, work, and environment of such prisoners;

(3) To investigate and keep informed upon the habits, work, wages, and environment of such prisoners, if any there be, as are not required to report to the parole officer;

(4) To make such other investigations, secure such other information and data, perform such other duties and make such other reports, in addition to those which may be required by law, as may be required by the [paroling authority;] director of public safety;

(5) To make a report once in each month to the [paroling authority,] director of public safety, together with such additional reports as the circumstances call for, concerning the prisoners on parole and their conduct and environment; and

(6) As far as practicable, to assist in obtaining suitable employment for paroled prisoners and otherwise assist in rehabilitation of such parole prisoners.

Each assistant parole officer shall have such of the powers and duties of the parole officer hereinabove provided for as shall be prescribed by the [paroling authority.] director of public safety. The director of public safety shall ensure that reports required by this section are transmitted on a timely basis to the Hawaii paroling authority."

SECTION 6. Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:

"353C-2 Director of public safety; powers and duties. The director of public safety shall administer the public safety programs of the department of public safety and shall be responsible for the formulation and implementation of state goals and objectives for correctional, adult parole supervision and counseling, and law enforcement programs, including ensuring that correctional facilities and correctional services meet the present and future needs of persons committed to the correctional facilities. In the administration of these programs, the director may:

(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;

(2) Train, equip, maintain, and supervise the force of public safety officers, including law enforcement [and], correctional, and adult parole supervision and counseling personnel, and other employees of the department;

(3) Serve process both in civil and criminal proceedings;

(4) Perform other duties as may be required by law;

(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of public safety programs; and

(6) Enter into contracts in behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department."

SECTION 7. Section 353C-5, Hawaii Revised Statutes, is amended to read as follows:

"353C-5 Criminal history record checks. (a) The department shall develop standards to assure the reputable and responsible characters of staff members of its correctional facilities which shall include but not be limited to criminal history record checks. For the purposes of this section, "staff member" means any employee of the department of public safety who is directly involved with the treatment and care of persons committed to or paroled from a facility or who possesses police powers including the power of arrest, and "prospective staff member" means any applicant for a job in the department of public safety that is directly involved with the treatment and care of persons committed to or paroled from a facility or that requires the exercise of police powers including the power to arrest in the performance of its duties.

(b) Every staff member and prospective staff member shall submit a statement under penalty of unsworn falsification to authorities indicating whether the staff member or prospective staff member was ever convicted of a crime other than a minor traffic violation involving a fine of [$50 or less] not more than $50 and providing consent to the department to conduct a criminal history record check and to obtain other criminal history record information for verification. The staff member shall be fingerprinted for the purpose of complying with the criminal history record check. The prospective staff member shall be fingerprinted and the criminal history record check shall be completed prior to beginning employment.

The department shall obtain criminal history record information through the Hawaii criminal justice data center on all staff and prospective staff members of the department of public safety. The Hawaii criminal justice data center may assess prospective staff members a reasonable fee for each criminal history record check conducted. The information obtained shall be used exclusively for the stated purpose for which it was obtained, and shall be subject to such federal laws and federal regulations as may be now or hereafter adopted.

The department may deny employment to a prospective staff member who was convicted of a crime other than a minor traffic violation involving a fine of [$50 or less] not more than $50 and if the department finds from the prospective staff member's criminal history record that the prospective staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, paroled prisoners, other staff, or the public at large.

(c) Staff members shall not be subject to termination based on findings in their criminal records except for those whose conviction of a crime occurred after May 8, 1989, or under circumstances in which a staff member is [[]a[]] fugitive from justice. The convictions of staff members subject to termination must be for crimes other than a minor traffic violation involving a fine of [$50 or less,] not more than $50, and the staff member must pose a risk to the health, safety, security, or well-being of inmates under supervision and confinement, paroled prisoners, other staff, or the public at large."

SECTION 8. All rights, powers, functions, and duties of personnel assigned to the parole administration division of the Hawaii paroling authority, excluding the secretary to the authority (position no. 5949), are transferred to the department of public safety.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

In the event that an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the director of human resources development or the governor.

Any employee who prior to this Act was exempt from civil service and may be transferred as a consequence of this Act shall retain exempt status and shall not be appointed to a civil service position because of this Act. Employees who may be transferred by this Act and who are receiving entitlement, benefits, or privileges in accordance with chapter 77, but not chapter 76, Hawaii Revised Statutes, shall continue to receive only those entitlements, benefits, or privileges received under chapter 77 after transfer.

SECTION 9. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by personnel assigned to the parole administration division of the Hawaii paroling authority, excluding the secretary to the authority (position no. 5949), which relate to the functions transferred to the department of public safety, shall be transferred with the functions to which they relate.

SECTION 10. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

_____________________________