THE SENATE

S.B. NO.

917

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO A SEX TRAFFICKING SPECIAL TREATMENT FACILITY.

 

 

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

 


     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§346-    Sex trafficking special treatment facility.  (a) The department may contract with an established victim service provider to operate and manage a sex trafficking special treatment facility for sex trafficking victims who are minors.  The selection of a victim service provider shall not be subject to chapters 42F, 102, 103D, or 103F.

     (b)  A sex trafficking special treatment facility established and operated pursuant to this section shall have a current and valid license issued and approved by the department of health to operate as a special treatment facility.

     (c)  To the extent that appropriations are made available, a victim service provider shall provide housing and appropriate services to eligible sex trafficking victims who are minors after those minors are granted admittance to the sex trafficking special treatment facility.

     (d)  The victim service provider operating and managing a sex trafficking special treatment facility, in consultation with the department and family court, shall be responsible for determining:

     (1)  If a sex trafficking victim who is a minor is eligible for residence at the facility, including the degree of need and course of treatment for each victim; and

     (2)  Whether a participant is no longer eligible for residence at the facility.

     (e)  Any person who enters or remains in or upon the premises of any sex trafficking special treatment facility authorized by this section, after being requested to leave by the victim service provider, the department or its designee, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii Penal Code.

     (f)  Any compensation received by a victim service provider pursuant to this section for services rendered to sex trafficking victims who are minors or for operating or managing a sex trafficking special treatment facility shall be exempt from taxation under chapter 237.

     (g)  Any county mayor, by executive order, may exempt from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees, a victim service provider operating and managing a sex trafficking special treatment facility pursuant to this section; provided that any county may enact ordinances to regulate the exemptions granted by this section.

     (h)  Any victim service provider operating or managing a sex trafficking special treatment facility pursuant to this section shall be exempt from any requirements contained in part VIII of chapter 346 and chapters 467B and 521.

     (i)  The department shall require any victim service provider contracted pursuant to this section to submit to the department a financial report each year that the contract is in effect.  The report shall contain information specific to the funds received under sex trafficking special treatment facility contracts and include recommendations about improving services for sex trafficking victims who are minors.  Failure to provide a financial report shall be grounds for the department to terminate a contract with a victim service provider for operating or managing a sex trafficking special treatment facility authorized by this section.

     (j)  This section shall not prohibit the department from establishing additional programs for sex trafficking victims who are minors.

     (k)  As used in this section:

     "Sex trafficking victim who is a minor" means a person under the age of eighteen who is found to be:

     (1)  Engaging in prostitution pursuant to section 712-1200(1)(a);

     (2)  A victim of promoting prostitution in the first degree pursuant to section 712-1202(b); or

     (3)  A victim of the crime of sex trafficking of children under title 18 United States Code section 1591.

     "Sex trafficking special treatment facility" means a facility that provides a therapeutic residential program for care, diagnosis, treatment, or rehabilitation services for sex trafficking victims who are minors.

     "Victim service provider" means any non-governmental organization that provides social services to sex trafficking victims who are minors including, but not limited to, housing, rehabilitation, education, vocational, medical, mental-health, and substance-abuse treatment programs."

     SECTION 2.  Chapter 237, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§237-     Exemption of sex trafficking special treatment facilities.  There shall be exempted from and excluded from the measure of the taxes imposed by this chapter all of the compensation received by a victim service provider for services rendered to sex trafficking victims who are minors, pursuant to section 346-   ."

     SECTION 3.  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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the department of human services to carry out the requirements of this Act.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Sex Trafficking; Victims; Minors; Treatment Services

 

Description:

Allows DHS to contract with a service provider to operate and manage a sex trafficking special treatment facility.  Provides for tax and fee exemptions.  Makes an appropriation.

 

 

 

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