Report Title:

Public Safety; Intermediate Sanctions

Description:

Appropriates general funds for the various intermediate sanctions programs of the judiciary, and departments of the attorney general and public safety. (SB1138 HD1)

THE SENATE

S.B. NO.

1138

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

RELATING TO INTERMEDIATE SANCTIONS.

 

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

SECTION 1. The legislature finds that in 1995, Act 25, Special Session Laws of Hawaii (Act 25), added new provisions entitled "Intermediate Sanctions" to the chapters of the Hawaii Revised Statutes governing probation, corrections, and parole. Act 25 made it state policy that the judiciary, the department of public safety, and the Hawaii paroling authority, implement "a comprehensive schedule of alternatives to incarceration." Most importantly, the act included funds to establish the circuit court drug court -- the single most significant step in creating intermediate sanctions.

Since that time, drug courts have been established in all jurisdictions and in the family court. Two community-based transitional programs for women exiting prison have been developed by the department of public safety, which has also expanded the use of electronic monitoring of offenders placed on pretrial release, extended furlough, or parole (community supervision). In addition, community-based mental health and drug treatment services, and additional services for female parolees have been provided through federal grant funds sought and received by the Hawaii paroling authority.

In 2002, the legislature augmented these intermediate sanctions programs by appropriating $2,192,698 to the department of health for integrated case management and substance abuse treatment services for offenders on community supervision. These programs included community-based substance abuse treatment for first-time non-violent drug offenders. The development of the plan for these services was an interagency effort that included the department of health, department of public safety, the Hawaii paroling authority, and the Judiciary.

Presently, the judiciary continues to plan for expansion of its intermediate sanctions options. By order of the Hawaii Supreme Court, the interagency council on intermediate sanctions (council) was formed in January 2002, and includes representatives of the judiciary, departments of health, public safety, and the attorney general, Hawaii paroling authority, office of the public defender, Honolulu police department and Honolulu department of the prosecuting attorney. The National Institute of Corrections provides technical assistance to the council.

The council envisions a thirty per cent reduction of recidivism among adult offenders through implementation of a five-year plan involving effective sentencing strategies and an improved criminal justice system.

The council's goals are to:

(1) Implement system-wide assessment protocols;

(2) Establish and implement a continuum of supervision and program services that match the risk and needs of the offender;

(3) Evaluate the effectiveness of intermediate sanctions in reducing recidivism;

(4) Create a management information system capable of communicating among agencies to facilitate sharing of offender information; and

(5) Collaborate with communities in developing and implementing the continuum of offender services.

The council is basing its plan on the "What Works" approach to correctional programs. "What Works" is a term used nationally by correctional agencies in reference to evidence-based, researched principles and practices common to effective public safety and offender programming. What Works research has also identified the offender attributes that successful correctional programs must target. What Works requires an assessment of an offenders' risk, need, and responsivity. An assessment of risk seeks to identify who should receive treatment, need focuses on what the treatment should be, and responsivity determines how treatment should be delivered.

The council's first goal is to assess offenders to determine the offender's risk level and identify particular treatment targets. The risk assessment predicts the probability of future criminal behavior and classifies offenders along a continuum ranging from low-risk to high-risk. To achieve this purpose, the council has selected the "Level of Services Inventory-Revised," which is a structured interview using as its assessment protocol, a validated scoring instrument that measures specific offender attributes.

Without this key strategy, many offenders would be placed in inefficient and counter-productive correctional conditions. Under the council's plan, these assessments are to be employed at the earliest possible point where cost-effective diversion options can maximize an offender's community support system, and when the offender's motivation is high.

The council's second goal is to establish and implement a continuum of services that matches and serves the risk-based needs identified by the assessment. Most offenders have many needs, however, certain needs are more directly linked to crime. National and local research has consistently shown that six factors are found to be criminogenic (i.e., to lead to crime and the failure of probation or parole): dysfunctional family relations; anti-social peers; alcohol and other drug problems; low self-control skills; anti-social attitudes or values; and callous personality features. These criminogenic attributes constitute the immediate targets of treatment and intensive intervention.

Under the "What Works" responsivity principle:

(1) The treatment approach is matched with the offender's learning style and personality;

(2) The characteristics of the treatment provider are matched with those of the offender; and

(3) The skills of the treatment provider are matched with the type of program.

In this way, the council proposes to provide a continuum of services that match the offenders' risk and needs and are delivered by programs that emphasize qualities to improve offender problem-solving and emotional regulation. The department of health serves as the council's liaison with treatment service providers and collaborates with council members on quality assurance.

The council's third and fourth goals are to evaluate the effectiveness of intermediate sanctions in reducing recidivism and create a management information system capable of communicating among agencies. Information gathering is necessary to evaluate strategies that have been implemented, and for the correctional staff and the organizations to successfully reallocate and mobilize resources that match offender needs. The department of the attorney general is to provide the leadership in the evaluation of effectiveness, while the correctional agencies gather the necessary information.

The council's fifth goal is to collaborate with communities to develop and implement the continuum of services needed to rehabilitate offenders. Communities can assist in reinforcing pro-social behavior and attitude changes, and an offender's positive linkages to their local communities can be increased through community encouragement, referrals, and networking. Under the council's plan, the leadership of the department of the attorney general will facilitate collaboration with the community and evaluate the effectiveness of this collaboration.

The legislature finds that the various agencies that are members of the council will require funding if the council is to implement its plan, improve the criminal justice system, and reduce recidivism among adult offenders. The judiciary, department of public safety, and Hawaii paroling authority will require funding to continue its screening and assessment of offenders, train staff on best practices, establish the continuum of services, and meet the quality assurance requirements for assessment and treatment services. The department of the attorney general will require funding to conduct research on the effectiveness of the council's plan, to facilitate collaborative networks that support the offenders, and to assist with quality assurance requirements in assessment and treatment services.

The purpose of this Act is to provide funding to the agencies that are members of the interagency council on intermediate sanctions to allow the council to carry out its five-year strategic plan to make the necessary improvements to Hawaii's criminal justice system that will reduce adult offender recidivism.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $        or so much thereof as may be necessary for fiscal year 2004-2005 for personnel and operating expenses to support the work of the interagency council on intermediate sanctions.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 3. The judiciary is authorized to establish     full-time equivalent (    FTE) program coordinator position for the purpose of implementing the goals of the interagency council on intermediate sanctions for fiscal year 2004-2005, to be funded from the appropriations authorized in section 2.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $        or so much thereof as may be necessary for fiscal year 2004-2005 for personnel and operating expenses to provide mental health assessments of offenders.

The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 5. The department of public safety is authorized to establish     full-time equivalent (    FTE) mental health assessor position for the purpose of providing mental health assessments of offenders for fiscal years 2003-2004 and 2004-2005, to be funded from the appropriations authorized in section 4.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $        or so much thereof as may be necessary for fiscal year 2004-2005 for assessments of pre-sentence and post-sentence offenders.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $        or so much thereof as may be necessary for fiscal year 2004-2005 for assessments of pretrial detainees, furloughed inmates, and parolees.

The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $        or so much thereof as may be necessary for fiscal year 2004-2005 for conducting research on recidivism reduction.

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2004-2005 for assessing and planning for the management information systems needed to support intermediate sanctions research.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2003-2004 for interfacing the department of public safety's corrections information system with the department of the attorney general's criminal justice information system.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 11. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $        or so much thereof as may be necessary for fiscal year 2004-2005 for cognitive behavioral skills training.

The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 12. This Act shall take effect July 1, 2010.