HOUSE OF REPRESENTATIVES

H.B. NO.

1295

TWENTY-NINTH LEGISLATURE, 2017

 

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 long prison sentences and an increase in offender recidivism rates have contributed to a spike in the United States' prison population despite the decrease of crime in the past twenty years.

The increase in prisoners has led to inflated government spending on corrections, rising operating costs of correctional facilities, and reduced funding for other essential government services.

The legislature finds that a collaborative approach by stakeholders using successful, research-based solutions would improve Hawaii's correctional system and ensure positive outcomes for prisoners and the community.

     The purpose of this Act is to establish a temporary commission on criminal justice and sentencing reform to:

     (1)  Develop a statewide plan of sentencing and corrections policies that would reduce the State's prison population by twenty-five per cent by year 2025, reduce spending on corrections, and reinvest the savings gained in strategies to increase public safety and reduce recidivism; and

     (2)  Review and recommend relocation of a prison or correctional facility to comply with federal guidelines on the health and welfare of the inmate population and to modernize the prison or correctional facility.

     SECTION 2.  There is established a temporary commission to be known as the commission on criminal justice and sentencing reform to:

     (1)  Develop a statewide plan of sentencing and corrections policies that would reduce the State's prison population by twenty-five per cent by year 2025, reduce spending on corrections, and reinvest the savings gained in strategies to increase public safety and reduce recidivism; and

     (2)  Review and recommend relocation of a prison or correctional facility to comply with federal guidelines on the health and welfare of the inmate population and to modernize the prison or correctional facility.

     The commission shall be placed within the office of the governor for administrative purposes and shall cease to exist on June 30, 2019.

     SECTION 3.  The commission shall consist of the following members:

     (1)  The governor or the governor's designee;

     (2)  The chair of the senate committee on judiciary and labor or the chair's designee;

     (3)  The chair of the house committee on judiciary or the chair's designee;

     (4)  The chair of the senate committee on public safety, intergovernmental, and military affairs or the chair's designee;

     (5)  The chair of the house committee on public safety or the chair's designee;

     (6)  The director of health or the director's designee;

     (7)  The director of human services or the director's designee;

     (8)  The director of public safety or the director's designee;

     (9)  The prosecuting attorney from a county with a population of seven hundred fifty thousand or greater or the prosecuting attorney's designee;

    (10)  The state public defender or the state public defender's designee;

    (11)  The attorney general or the attorney general's designee;

    (12)  The chief justice and another member of the judiciary or the chief justice's designees;

    (13)  The executive director of the Hawaii civil rights commission or the executive director's designee;

    (14)  The executive director of the office of youth services or the executive director's designee;

    (15)  The dean of the John A. Burns School of Medicine at the University of Hawaii or the dean's designee;

    (16)  A university or college sociology professor whose field of expertise is in recidivism who shall be appointed by the governor;

    (17)  The executive director of the American Civil Liberties Union of Hawaii or the executive director's designee;

    (18)  One social worker who assists in the rehabilitation and attainment of employment skills for prisoners who shall be appointed by the governor;

    (19)  Two experts in youth gang violence and drug abuse who serve as directors for nonprofit organizations specifically focused on youth gang reduction and mentoring or support programs for at-risk youth, of which one member shall be appointed from a list of nominees submitted by the president of the senate, and one member shall be appointed from a list of nominees submitted by the speaker of the house of representatives;

    (20)  Two prisoners' rights advocates, of which one member shall be appointed from a list of nominees submitted by the president of the senate, and one member shall be appointed from a list of nominees submitted by the speaker of the house of representatives;

    (21)  A top business executive who shall be appointed by the governor;

    (22)  The chairperson of the board of directors of the Hawaii chapter of the American Foundation for Suicide Prevention or the chairperson's designee;

    (23)  The executive director of Mental Health America of Hawaii or the executive director's designee;

    (24)  Two members who are family members of prisoners, of which one member shall be appointed by the governor from a list of nominees submitted by the president of the senate, and one member shall be appointed by the governor from a list of nominees submitted by the speaker of the house of representatives;

    (25)  The executive director of the Sex Abuse Treatment Center Hawaii or the executive director's designee;

    (26)  The executive director of the Hawaii State Coalition against Domestic Violence or the executive director's designee;

    (27)  The president of the National Association for the Advancement of Colored People Hawaii Chapter or the president's designee;

    (28)  The president of Mothers Against Drunk Driving Hawaii or the president's designee; and

    (29)  Any member of a current and specified public safety task force.

     All members shall work cooperatively to find strategies to prevent crimes and reduce recidivism.  The members shall not receive compensation for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties under this Act.

     No member shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the commission.

     SECTION 4.  The commission may meet quarterly and may hold public meetings as it deems necessary; provided that before holding a public meeting the commission shall provide publication of notice pursuant to section 1-28.5, Hawaii Revised Statutes.  At the initial meeting of the commission, to occur no later than sixty days after the enactment of this Act, its members shall elect a chair and vice chair and any other necessary officers from among the members.  A majority of the commission members shall constitute a quorum for its necessary duties.  The chair, at the request of a majority of members, may hold special meetings.

     SECTION 5.  (a)  The commission shall focus on education, health, strong families and support groups, and poverty as cornerstones in its development of a statewide plan of sentencing and corrections policies pursuant to this Act.

     (b)  To fulfill the cornerstone on education, the commission shall address, at minimum, the following:

     (1)  Ensuring resources are targeted at providing students a quality education from pre-kindergarten to college;

     (2)  Ensuring reading skills are taught to children as well as prisoners; and

     (3)  Evaluating the use of high-quality, state-funded developmental daycare centers.

     (c)  To fulfill the cornerstone on health, the commission shall address, at minimum, the following:

     (1)  Using developmental screening as a test to see if a student or prisoner is learning basic health skills and providing the student or prisoner self-sufficiency assistance;

     (2)  Ensuring the availability of prenatal care to treat and prevent potential health problems throughout the course of a pregnancy while promoting healthy lifestyles that benefit both mother and child; and

     (3)  Ensuring the availability of mental health and illegal drug use consultation and assistance to the community and prisoners.

     (d)  To fulfill the cornerstone on strong families and support groups, the commission shall address, at minimum, the following:

     (1)  Evaluating and reforming housing requirements for individuals convicted of certain types of crimes, such as nonviolent or minor offenses;

     (2)  Ensuring proper assistance is provided to children, adults, and families so they may live healthy and productive lives, and realize their full potential as contributing members of their communities;

     (3)  Ensuring prisoners are offered participation in support groups and provided individualized plans for self-sufficiency and reintegration into society; and

     (4)  Ensuring parenting programs and classes are available to families, especially public housing families in the lower-income bracket.

     (e)  To fulfill the cornerstone on poverty, the commission shall address, at minimum, the following:

     (1)  Ensuring prisoners undergo parental job training and are taught skills or trades that may be used upon their release from prison;

     (2)  Ensuring affordable rental housing is available for prisoners upon release from prison and individuals with low income;

     (3)  Ensuring community members and prisoners learn about nutrition and the Supplemental Nutrition Assistance Program;

     (4)  Ensuring case management services are provided for individuals receiving public assistance;

     (5)  Ensuring prisoners with developmental disabilities are provided services and supports appropriate to their needs so they may successfully reintegrate into society; and

     (6)  Evaluating the use of employment-related daycare centers that will provide parents safe care for their children and provide safe care for the elderly.

     SECTION 6.  (a)  The commission shall review the State's sentencing policies and probation system to reduce the State's prison population by twenty-five per cent by year 2025, reduce spending on corrections, and reinvest the savings gained in strategies that will increase public safety and reduce recidivism.

     (b)  In reviewing the State's sentencing policies, the commission shall address, at minimum, the following:

     (1)  Evaluating whether to abolish mandatory minimum sentences law; and

     (2)  Evaluating statutes that address habitual offenders, and diversion treatments such as specialty courts with incentives, including drug treatment court and Hawaii's opportunity probation with enforcement (HOPE) program.

     (c)  In reviewing the State's probation system, the commission shall include, but not be limited to, an evaluation of the State's current practices relating to incarceration, crime prevention, and education with a focus on reducing spending on corrections and reinvesting the savings gained in strategies that will increase public safety and reduce recidivism.  The focus of this Act is to ensure public safety and safer communities statewide.

     SECTION 7.  The commission shall report its findings and recommendations on its activities, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2019.

     SECTION 8.  It is the intent of this Act not to jeopardize the receipt of any federal aid.  If any provision of this Act, or the application thereof to any person or circumstance, is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the provision shall be deemed void; provided that the voided provision shall not affect other provisions or applications of the Act that can be given effect without the voided provision or application, and to this end the provisions of this Act are severable.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Safety

 

Description:

Establishes a Commission on Criminal Justice and Sentencing Reform in the Governor's Office to develop a statewide framework of sentencing and corrections policies to reduce the State's incarcerated population by 25 percent by 2025.  Allows the Commission to make recommendations on moving a correctional facility to comply with federal guidelines and to modernize.  Requires the Commission to develop a plan to reduce spending on corrections and reinvest in strategies to increase public safety and reduce recidivism.

 

 

 

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