REPORT TITLE:
Intermediate Sanctions


DESCRIPTION:
Addresses the prison overcrowding issue by continuing the
comprehensive schedule of incarceration alternatives and
continuing rehabilitative and assistive program for arrestees and
incarcerated person.  Makes drug court program permanent.  (HB157
CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        157
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



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

 1      SECTION 1.  The legislature finds that in order to promote
 
 2 successful reintegration into the community, there is a need to
 
 3 provide an opportunity for the exiting offender to issue
 
 4 increasing levels of responsibility, while at the same time,
 
 5 providing sufficient monitoring of the offender's activity to
 
 6 promote community safety and to continue the sanction of the
 
 7 sentence.  
 
 8      Also, due to the dramatic increase in substance abuse cases
 
 9 and the resulting increase in the number of detained and
 
10 incarcerated individuals with drug abuse problems, the
 
11 legislature established a temporary drug court program as an
 
12 alternative to incarceration and for dealing with the drug-
 
13 abusing offender.  The institution of the Hawaii drug court has
 
14 offered substance abusers an effective means of addressing their
 
15 abuse problems while being held accountable for their progress in
 
16 treatment through regular contact with the drug court.
 
17      SECTION 2.  Chapter 603, Hawaii Revised Statutes, is amended
 
18 by adding a new section to be appropriately designated and to
 
19 read as follows:
 

 
Page 2                                                     157
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1

 
 1      "§603-     Drug court, established.  There is established a
 
 2 permanent drug court within the circuit court of the first
 
 3 circuit.  The purpose of the drug court is to enhance the
 
 4 effectiveness of the criminal justice system and its substance
 
 5 abuse delivery system and treatment through:
 
 6      (1)  Early intervention and increased diversion from
 
 7           incarceration;
 
 8      (2)  Individualized assessment of drug problems;
 
 9      (3)  Increased access to a continuum of drug treatment
 
10           options, from assessment for appropriate treatment that
 
11           will include a spectrum of solutions from drug
 
12           education to residential substance abuse treatment, and
 
13           after care to increased drug testing by urinalysis; and
 
14      (4)  Judicial tracking and increased judicial involvement in
 
15           monitoring treatment participation with the use of
 
16           incentives for compliance and graduated sanctions for
 
17           noncompliance.
 
18      The drug court shall consist of one of the existing first
 
19 circuit court judges, to be selected by the chief justice.  The
 
20 activities of the drug court judge shall be supported by related
 
21 case management and auxiliary and support services, treatment,
 
22 urinalysis, and intensive supervision mechanisms."
 

 
 
 
Page 3                                                     157
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1

 
 1      SECTION 3.  Chapter 353, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§353-     "Halfway In, Halfway Back" program, established.
 
 5 The department of public safety shall establish a "Halfway In,
 
 6 Halfway Back" program for non-violent inmates who are within the
 
 7 last six months of their incarceration and who will not pose a
 
 8 threat to the health, safety, and welfare of the general public.
 
 9 This shall be a graduated transitional release program, which
 
10 will permit an inmate to live at his or her home and work at
 
11 gainful employment, while continuing official supervision in the
 
12 community by both residential facility staff and department of
 
13 public safety staff.  The program shall provide highly structured
 
14 supervision, reporting, employment, restitution, and community
 
15 activities for inmates.  The program shall be operated by
 
16 existing residential facility contractors providing these
 
17 services statewide.  The program's overview is as follows:
 
18      (1)  Residential facility staff shall monitor the program on
 
19           a seven-day-a-week, twenty-four-hours-a-day basis;
 
20      (2)  The residential facility director shall oversee daily
 
21           operations and act as a liaison to the department of
 
22           public safety;
 
23      (3)  Violations may result in the inmates' return to a more
 
24           restrictive level of supervision and reporting;
 
25      (4)  The residential facility staff shall assure offender
 
26           compliance with the individual release plan program
 
Page 4                                                     157
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1

 
 1           through routine scheduled and unscheduled checks with
 
 2           the inmate;
 
 3      (5)  The residential facility case manager shall review and
 
 4           approve daily and weekly schedules; and
 
 5      (6)  The residential facility staff shall verify offender
 
 6           compliance in the community by random home, school, or
 
 7           work site telephone contacts.
 
 8      SECTION 4.  New statutory material is underscored.
 
 9      SECTION 5.  This Act shall take effect on July 1, 1999.