HOUSE OF REPRESENTATIVES

H.R. NO.

125

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 


HOUSE RESOLUTION

 

 

ENSURING THAT CRIME VICTIMS AND THEIR FAMILIES AND CRIME WITNESSES RECEIVE ALL THE RIGHTS TO WHICH THEY ARE ENTITLED UNDER CHAPTER 801D, HAWAII REVISED STATUTES, INCLUDING NOTICE OF SIGNIFICANT EVENTS REGARDING THE PERPETRATOR.

 

 

 


      WHEREAS, because crime victims and their families and witnesses of crimes often fear retribution from perpetrators, timely access to relevant information about the perpetrator is important for their safety and peace of mind; and

 

     WHEREAS, due to several factors, including a criminal justice system that is often difficult to navigate, the receipt of such information by crime victims and their families and witnesses of crimes is often delayed or minimal, leading them to experience uneasiness and confusion and sometimes exposing them to dangerous situations involving released perpetrators; and

 

     WHEREAS, under the basic bill of rights for victims and witnesses, as set forth in section 801D-4, Hawaii Revised Statutes, these persons have the right, upon written request, to be informed, among other things, of the final disposition of the case, including major developments in the case and whenever the defendant or perpetrator is released from custody; and

 

     WHEREAS, in passing section 801D-4, the Legislature intended that these rights have broad application, including, among other things:

 

     "(1) notification of the final disposition of a case to the victim or his survivors; (2) notification of "major developments" for felonies (such as police deferral, or referral to the prosecutor, rejection by the prosecutor, or grand jury, trial and other significant events), and whenever the defendant is released from custody." [Emphasis provided.] 

 

See House Standing Committee Report No. 459, Regular Session of 1987; and

 

     WHEREAS, significant events under section 801D-4 clearly comprise, among other things, notification to crime victims and their families and witnesses of crimes of when a perpetrator is deemed unfit to stand trial; has a transfer of custody, including to the state hospital, a psychiatric institution, or other public or private facility; has a change in custodial status; is rehabilitated and transferred back to the jurisdiction of the county for resumption of penal proceedings upon regaining fitness to proceed; is discharged or released for whatever reason; or is absent without authority; however, such notification as clearly required has not heretofore been consistently provided; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that the county prosecutors, Department of Health, law enforcement, local social service agencies, the courts, and all other agencies involved in the criminal justice system, as mandated in section 801D-6, Hawaii Revised Statutes, shall cooperate with each other to ensure that crime victims and their families and witnesses of crime receive all rights to which they are entitled under chapter 801D, including notification of, among other things, when a perpetrator is deemed unfit to stand trial; has a transfer of custody, including to the state hospital, psychiatric institution, or other public or private facility; has a change in custodial status; is rehabilitated and transferred back to the jurisdiction of the county for resumption of penal proceedings upon regaining fitness to proceed; is released or discharged for whatever reason; or is absent without authority; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to each County Prosecutor in the State; the Chiefs of Police of the City and County of Honolulu and the Counties of Maui, Kauai, and Hawaii; the Chief Justice of the Hawaii Supreme Court; and the Administrative Director of the Courts and Director of Health who shall in turn submit a copy of this Resolution to all local social service and criminal justice agencies encompassed under section 801D-6, Hawaii Revised Statutes.

 

 

 

 

OFFERED BY:

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Report Title: 

Victims' Rights; Department of Health Notification