THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that House Concurrent Resolution No. 134, H.D. 1 (2017), established a task force to examine and make recommendations regarding criminal pretrial practices and procedures. The legislature further finds that generally, court determinations as to whether a defendant is detained or released are made at or about the time of the initial arraignment hearing. Thereafter, a defendant's bail or release is rarely addressed. In order to afford the pretrial detainee greater and continuing opportunities to be released, intake service centers should conduct periodic reviews of each pretrial detainee's status.
Based on the findings of the task force, the legislature finds that pretrial risk assessments and bail reports should be completed within two, instead of three, working days to address bail at the earliest phase of the pretrial process.
The purpose of this Act is to require periodic reviews and public reporting of the pretrial intake screening process of defendants for potential pretrial release and to improve clarity and consistency in the intake process.
SECTION 2. Section 353-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The centers shall:
(1) Provide orientation, guidance, and technical services;
(2) Provide social-medical-psychiatric-psychological diagnostic evaluation;
(3) Conduct internal
pretrial risk assessments and prepare and provide a bail report to the court
on adult offenders within [
three] two working days of admission
to a community correctional center [ which shall then be provided to the
court for its consideration]; provided that this paragraph shall not apply
to persons subject to county or state detainers, holds, or persons detained
without bail, persons detained for probation violation, persons facing
revocation of bail or supervised release, and persons who have had a pretrial
risk assessment completed prior to admission to a community correctional
center. For purposes of this [ paragraph[ ]], "pretrial risk
assessment" means an objective, research-based, validated assessment tool
that measures a defendant's risk of flight [ and], risk of
criminal conduct, and risk of violence or harm to any person or the general
public while on pretrial release pending adjudication[ ;]. The pretrial risk assessment tool and
procedures associated with its administration shall be periodically reviewed
and subject to further validation at least every five years to evaluate the
effectiveness of the tool and the procedures associated with its
administration. The findings of any such
review shall be publicly reported;
(4) Provide correctional prescription program planning and security classification;
(5) Provide other personal and correctional services as needed for both detained and committed persons;
(6) Monitor and record the progress of persons assigned to correctional facilities who undergo further treatment or who participate in prescribed correctional programs;
(7) Provide continuing
supervision and control of persons ordered to be placed on pretrial supervision
by the court and persons ordered by the director; [
(8) Make inquiry with the defendant concerning their financial circumstances and report any information in the bail report; and
(8)] (9) Provide pretrial bail reports within two
working days to the courts on adult offenders that are consented to by the
defendant or that are ordered by the court.
A complete copy of the executed pretrial risk assessment delineating
the scored items, the total score, any administrative scoring overrides
applied, and written explanations for administrative scoring overrides shall be
included in the report. The pretrial
bail reports shall be confidential and shall not be deemed to be public
records. A copy of a pretrial bail
report shall be provided only:
(A) To the defendant or defendant's counsel;
(B) To the prosecuting attorney;
(C) To the department of public safety;
(D) To any psychiatrist, psychologist, or other treatment practitioner who is treating the defendant pursuant to a court order;
(E) Upon request, to the adult client services branch; and
(F) In accordance with
applicable laws, persons, or research entities [
doing research.] that
have been approved by and contracted with the department."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2019.
Corrections; Department of Public Safety; Intake Service Centers; Pretrial Risk Assessments
Requires intake service centers to conduct pretrial risk assessments and prepare bail reports within two, instead of three, working days. Requires bail reports to include a complete copy of the pretrial risk assessment, including, among other requirements, a written explanation of administrative scoring overrides. Requires the pretrial risk assessment to include the defendant's financial circumstances and risk of violence or harm to any person and the general public. Requires the pretrial risk assessment tool and procedures to be reviewed every five years and the review findings publicly reported. Clarifies which research entities may receive a copy of the pretrial bail report. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.