Report Title:

Public Safety; Deputy Sheriffs; Revolving Fund

Description:

Creates a deputy sheriff revolving fund from a portion of moneys collected from a $5 increase in the bench warrant serving fee, to be used for hiring state deputy sheriffs and for administrative expenses. Increase also goes to counties for use by county police departments. Makes appropriation for creation of new positions for deputy sheriffs.

THE SENATE

S.B. NO.

1510

TWENTY-THIRD LEGISLATURE, 2005

 

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 deputy sheriffs are overburdened by the statutory mandate of serving warrants for arrest. The legislature finds that a shortage of deputy sheriffs is the cause of the problem. The result is that the safety of deputy sheriffs and the public safety are both jeopardized. When warrants cannot be served in a timely fashion, law offenders and felons continue to remain in the community. When deputy sheriffs cannot adequately staff court facilities, the public safety is threatened.

According to the department of public safety, the latest available statistics, as of January 10, 2002, is that there were 75,514 warrants outstanding and 27,484 warrants issued annually. Of the total warrants outstanding, traffic offenses accounted for 74,311, which indicates that a huge amount of traffic fines were not collected. It was estimated that the number of traffic warrants issued would reach thirty thousand annually. The legislature finds that these statistics are unacceptable.

The purpose of this Act is to:

(1) Create a revolving fund to hire deputy sheriffs and for administrative expenses in serving the warrant; and

(2) Increase the amount of assessment for bench warrants to be deposited into the revolving fund and the county general fund; and

(3) Make an appropriation to create twenty-five new deputy sheriff positions.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C-   Deputy sheriff revolving fund. (a) There is created a fund in the state treasury to be known as the deputy sheriff revolving fund. Moneys in the fund shall be administered and expended by the department for the purpose of hiring state deputy sheriffs and to defray the costs of serving warrants pursuant to section 607-8.5.

(b) Moneys collected pursuant section 607-8.5(1), interest and investment earnings attributable to the moneys in the revolving fund, and legislative appropriations shall be deposited into the revolving fund."

SECTION 3. Section 607-8.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§607-8.5[]] Assessment for bench warrant issuance. The court, when issuing a bench warrant for any person who fails to appear or who otherwise fails to comply with a court order, may assess that person a sum not to exceed [$50] $55 for the cost of issuing the bench warrant[.]; provided that $5 of any moneys collected shall be deposited:

(1) Into the deputy sheriffs revolving fund under section 353C-   if the warrant is served by a state deputy sheriff; or

(2) Into the general fund of the county of the police department if the warrant is served by a police officer, to be used by the police department of that county."

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 2005-2006, for the creation and addition of twenty-five full-time positions for deputy sheriff.

SECTION 5. The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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