THE SENATE

S.B. NO.

314

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to veterans court.

 

 

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

 


PART I.

     SECTION 1.  The legislature finds 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.

     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 involving veterans.

     The first veterans court was established in 2008 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.

     Successful intervention by the temporary veterans court is expected to have a long-term positive impact upon 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 address prison overcrowding by establishing a temporary veterans court at the state circuit court level.

PART II.

     SECTION 2.  A temporary Hawaii veterans court shall be established and administered by a circuit court judge of the first circuit to be selected by the chief justice.  The activities of the veterans court shall be supported by case management, auxiliary and support services, treatment, and intensive supervision mechanisms.

     SECTION 3.  (a)  A veteran shall be eligible to participate in the Hawaii veterans court if:

     (1)  The veteran files a motion to transfer the veteran's case from the regular court system to the Hawaii veterans court;

     (2)  The court approves the motion to transfer the case from the regular court system to the Hawaii veterans court; provided that the court determines that the veteran suffers from combat-related mental health problems;

     (3)  The prosecuting attorney of the applicable county approves the transfer of the case from the regular court system to the Hawaii veterans court;

     (4)  The offense for which the veteran is charged is a misdemeanor, except for an offense under section 709‑906, Hawaii Revised Statutes; and

     (5)  The veteran has not been previously convicted of:

          (A)  A felony in Hawaii or any other jurisdiction; or

         (B)  An offense under the Uniform Code of Military Justice that would constitute a felony if committed in Hawaii.

     (b)  The victim of the offense for which the veteran is charged shall be eligible to:

     (1)  Attend, provide testimony concerning, and be informed of all applicable proceedings with respect to the veteran; and

     (2)  Receive full and timely restitution, as applicable, from the veteran by order of the court.

     (c)  The temporary Hawaii veterans court shall have broad authority to:

     (1)  Require the participating veteran to:

         (A)  Attend rehabilitation, educational, vocational, medical, mental health, and substance abuse treatment programs; and

         (B)  Participate in peer-to-peer mentoring;

     (2)  Monitor for at least one year:

         (A)  The execution of the treatment plan of the participating veteran; and

         (B)  The participating veteran's compliance with the requirements of the treatment plan, including regular appearances before the Hawaii veterans court to report on the participating veteran's progress.

     (d)  The temporary Hawaii veterans court shall coordinate with the United States Department of Veterans Affairs in assisting participating veterans through medical, mental health, substance abuse, housing, employment services, and counseling assistance.

     (e)  In the case of participating veterans who are members of the reserve components of the armed forces of the United States or members of the Hawaii national guard, the Hawaii veterans court shall work with other members of the participating veteran's military unit in rehabilitating the participating veteran.

     (f)  For the purposes of this part:

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

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

     SECTION 4.  (a)  The judiciary is authorized to establish the following temporary positions for the purpose of implementing the Hawaii veterans court pursuant to section 3 of this Act for fiscal years 2013-2014 and 2014-2015, to be funded from the appropriation authorized in section 5 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 court.

     SECTION 5.  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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for staffing, equipment, and other expenses for the implementation and operation of the temporary Hawaii veterans court.

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

PART III.

     SECTION 6.  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)  Veterans court programs for defendants who are veterans and meet specific requirements;

    [(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 honorably."

PART IV.

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

SECTION 8.  This Act shall take effect on July 1, 2013, and shall be repealed on June 30, 2022; provided that 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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Veterans Court; Circuit Court

 

Description:

Establishes a temporary Hawaii veterans court within the judiciary.

 

 

 

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