HOUSE OF REPRESENTATIVES

H.B. NO.

2798

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 3

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO A VETERANS TREATMENT COURT.

 

 

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

 


PART I

     SECTION 1.  After September 11, 2001, members of the United States armed forces and reserves and the Hawaii national guard were engaged in combat in Afghanistan and Iraq at an unprecedented pace.  Recent research confirms that a significant number of soldiers--by some estimates, one in five--return home from war with a combat-related mental health condition, such as post-traumatic stress disorder, traumatic brain injury, sexual trauma, substance abuse, or other mental and emotional health conditions.  In addition, judges in Hawaii have reported an increase in cases that involve veterans.

     In 2008, the first veterans treatment court was established in Buffalo, New York.  Similar models have subsequently emerged across the country.  The goal of these courts is to enhance the effectiveness of the criminal justice system through:

     (1)  Early intervention and diversion from incarceration;

     (2)  Individualized assessment of problems, including those related to substance abuse;

     (3)  Judicial tracking and increased judicial involvement in monitoring treatment participation using incentives for compliance and graduated sanctions for noncompliance;

     (4)  Encouragement of veterans to accept responsibility for their conduct; and

     (5)  Rehabilitation of veterans and their successful reintegration into society.

     The legislature recognizes that the State's prison system is severely overcrowded and that further alternatives to incarceration, including the provision of appropriate treatment and counseling and more intensive supervision, are needed.  Successful intervention by the temporary veterans treatment court is expected to have a long-term positive impact on prison overcrowding, the costs of high rates of incarceration, public safety, probation and parole workloads, and case flow through the judicial system.

     The purpose of this Act is to establish a temporary veterans treatment court at the state circuit court level.

PART II

     SECTION 2.  (a)  A temporary Hawaii veterans treatment court shall be established and administered by a circuit court judge of the first judicial circuit to be selected by the chief justice.

     (b)  A veteran shall be eligible to participate in the temporary Hawaii veterans treatment court if:

     (1)  The veteran is arrested for or charged with a felony or misdemeanor offense;

     (2)  The court before which the veteran appears finds that the veteran suffers from a service-related brain injury, mental illness, or mental disorder, including post-traumatic stress disorder, substance abuse, and chemical dependency;

     (3)  The prosecuting attorney of the applicable county approves the transfer of the case from the regular court system to the Hawaii veterans treatment court; provided that if the veteran is on probation with the court before which the veteran appears, the court shall have the final determination on admittance after weighing any objections from the prosecuting attorney; and

     (4)  The court before which the veteran appears allows the veteran to choose whether to proceed through the veterans treatment court or through the traditional criminal justice system.

     (c)  A victim shall have the right to:

(1)  Attend the applicable proceedings of the Hawaii veterans treatment court;

(2)  Provide testimony when and if appropriate; and

(3)  Receive full and timely restitution as applicable by order of the court.

     (d)  The temporary Hawaii veterans treatment court may substitute a treatment plan model for traditional court processing for all participating veterans.  The veterans treatment court shall include the following components:

     (1)  Emphasis on early identification and timely placement of eligible veterans;

     (2)  Cooperation between the prosecuting attorney and defense attorney to promote public safety and protect participating veterans' due process rights, using a nonadversarial approach;

     (3)  Integration of alcohol or drug treatment and mental health services with the processing of cases in the criminal justice system;

     (4)  Access for participating veterans to a continuum of alcohol or drug, mental health, and other treatment and rehabilitation services, including veteran peer mentors;

     (5)  Frequent testing of participating veterans for alcohol and other drugs;

     (6)  Establishment of a coordinated strategy by the veterans treatment court to respond to a participating veteran's compliance or noncompliance with the veteran's treatment regimen;

     (7)  Ongoing interaction by the veterans treatment court judge with each participating veteran;

     (8)  Establishment of a monitoring and evaluation system to determine the extent to which the veterans treatment court achieves its goals, and the court's effectiveness;

     (9)  Engagement by the veterans treatment court staff in continuing interdisciplinary education; and

    (10)  Encouragement by the veterans treatment court of partnerships between the court, the United States Department of Veterans Affairs, community-based organizations, public agencies, and other entities, to create local support and promote the veterans treatment court's effectiveness.

     (e)  For the purposes of this part:

     "Participating veteran" means a veteran who is participating in the temporary Hawaii veterans treatment court program.

     "Veteran" has the same meaning as set forth in section 706‑605.1(5), Hawaii Revised Statutes.

     SECTION 3.  (a)  The judiciary may establish the following temporary positions for the purpose of implementing the temporary Hawaii veterans treatment court pursuant to section 2 of this Act for fiscal year 2012-2013, to be funded from the appropriation authorized in section 4 of this Act:

     (1)  One full-time equivalent (1.0 FTE) social worker V position ($        );

     (2)  Two full-time equivalent (2.0 FTE) social worker IV positions ($         each); and

     (3)  One full-time equivalent (1.0 FTE) circuit court clerk II position ($        ).

     (b)  The judiciary may seek federal grants and awards and other moneys to fund the temporary Hawaii veterans treatment court.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2012-2013 for staffing, equipment, and other expenses for the implementation and operation of the temporary Hawaii veterans treatment court.

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

PART III

     SECTION 5.  Section 706-605.1, Hawaii Revised Statutes, is amended to read as follows:

     "§706-605.1  Intermediate sanctions; eligibility; criteria and conditions.  (1)  The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.

     (2)  Defendants may be considered for sentencing to alternative programs if they:

     (a)  Have not been convicted of a non-probationable class A felony; and

     (b)  [Have not, within] Within the previous five years, have not been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.

     (3)  A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.

     (4)  As used in this section, "alternative programs" means programs that, from time to time, are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration.  Alternative programs may include:

     (a)  House arrest, or curfew using electronic monitoring and surveillance, or both;

     (b)  Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;

     (c)  Temporary veterans treatment court programs for defendants who are veterans and who meet specific requirements, as provided in Act      , Session Laws of Hawaii 2012;

    [(c)] (d)  Therapeutic residential and nonresidential programs, including secure drug treatment facilities;

    [(d)] (e)  A program of regimental discipline pursuant to section 706-605.5; and

    [(e)] (f)  Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.

     (5)  As used in this section, "veteran" means a person who served on active duty in the armed forces of the United States, a reserve component thereof, or the national guard, and who was federally activated and discharged, without regard to the discharge status."

PART IV

     SECTION 6.  The judiciary shall submit a plan of implementation for the temporary Hawaii veterans treatment court to the senate committee on ways and means in time for the anticipated costs to be included in the judiciary's budget for supplemental appropriations budget bill.  The plan shall include information on anticipated costs of operation and additional personnel and additional staffing that may be required of the county prosecuting attorneys and the public defender to staff the new court.  The judiciary shall enlist the assistance of the city and county of Honolulu prosecuting attorney and public defender in formulating the plan of implementation.

PART V

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on January 7, 2059; provided that on June 30, 2021, this Act shall be repealed and section 706-605.1, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.



 

Report Title:

Hawaii Veterans Court; Appropriation

 

Description:

Establishes the temporary Hawaii veterans treatment court within the first judicial circuit court.  Makes appropriation to the judiciary.  Requires judiciary to submit plan of implementation to the senate committee on ways and means for budget purposes.  Effective January 7, 2059, and repealed on June 30, 2021.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.