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. (HB157 HD2) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        157
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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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 rehabilitation
 
 2 programs that educate and prepare persons who are awaiting trial,
 
 3 have been convicted, are incarcerated, or are on parole, are
 
 4 critical to the future well-being of the community.  In addition,
 
 5 prompt handling of drug cases and more intensive judicial
 
 6 involvement with monitoring will help ensure the effectiveness of
 
 7 the system.
 
 8      The legislature further finds that alternatives to
 
 9 incarceration that do not undermine public safety include the
 
10 intensive supervision of appropriate probationers that was proven
 
11 effective as a pilot project in the first circuit court several
 
12 years ago.  The integrated community sanctions program will
 
13 implement this concept through structured intermediate sanctions
 
14 established by probation offices of the circuit courts for
 
15 nonviolent offenders.  Targeted offenders include probation
 
16 violators, who may not qualify under a drug diversion program,
 
17 and sentenced felons or misdemeanants who commit nonviolent
 
18 property offenses.  The program will provide community sanctions
 
19 of house arrest, intensive supervision, and curfew using
 
20 electronic monitoring devices.  To improve surveillance,
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 probation supervision operations will be decentralized, using
 
 2 existing community sites such as rural district court facilities.
 
 3 On Oahu, two teams of two officers each will:
 
 4      (1)  Be dedicated to a specific geographic area;
 
 5      (2)  Supervise approximately thirty-five offenders per team;
 
 6           and
 
 7      (3)  Conduct late evening surveillance as required.
 
 8      The purpose of this Act is to address the issue of prison
 
 9 overcrowding at a time when budget considerations constrain
 
10 investment in new prison facilities by:
 
11      (1)  Continuing the comprehensive schedule of alternatives
 
12           to incarceration established by Act 25, Special Session
 
13           Laws of Hawaii 1995; and
 
14      (2)  Continuing the rehabilitative and assistance programs
 
15           for arrestees and incarcerated persons established by
 
16           Act 25, Special Session Laws of Hawaii 1995.
 
17                              PART I
 
18      SECTION 2.  The judiciary may establish an appropriate
 
19 number of temporary positions for the purpose of implementing the
 
20 integrated community sanctions program for fiscal biennium 1999-
 
21 2001.
 
22      SECTION 3.  There is appropriated out of the general
 
23 revenues of the State of Hawaii the sum of $         or so much
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 2 of $         or so much thereof as may be necessary for fiscal
 
 3 year 2000-2001 for the integrated community sanctions program.
 
 4                              PART II
 
 5      SECTION 4.  The legislature finds that early intervention of
 
 6 drug treatment for nonviolent drug offenders is an essential part
 
 7 of the drug court concept and will divert offenders from jail
 
 8 into residential or appropriate out-patient treatment programs
 
 9 upon initial detention.  The department of public safety, the
 
10 offices of the prosecuting attorneys in the various circuits, and
 
11 the drug court in the first circuit and other courts, as
 
12 appropriate, may identify the substance abuser after arrest,
 
13 assess the extent of addiction, determine the level of treatment
 
14 needed, and refer the individual to a substance abuse program
 
15 until clinical discharge with approval of the appropriate
 
16 authority.  Failure to successfully complete drug treatment will
 
17 result in increasing sanctions, including incarceration.
 
18      Many pretrial detainees currently qualify for such a program
 
19 but none are available because of limited resources.  The
 
20 legislature therefore finds it necessary to fund drug treatment
 
21 programs for offenders diverted from jail on supervised release
 
22 by the courts and in connection with programs of deferred
 
23 prosecution that may be established by offices of prosecuting
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 attorneys in the various circuits.  It is anticipated that at
 
 2 least forty-eight pretrial offenders per year will be diverted to
 
 3 drug treatment in connection with the circuit courts.  The
 
 4 department of public safety estimates that forty-eight other
 
 5 offenders in the first year, and ninety-six in the second year of
 
 6 the biennium would be eligible for diversion through supervised
 
 7 release.
 
 8      SECTION 5.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of $         or so much
 
10 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
11 of $         or so much thereof as may be necessary for fiscal
 
12 year 2000-2001 for the drug treatment programs.
 
13                             PART III
 
14      SECTION 6.  The legislature finds that the primary mission
 
15 of the State's correctional function is the protection of the
 
16 public.  One way this protection is achieved is through programs
 
17 that prepare inmates for successful reintegration into the
 
18 community after their release from incarceration.  Without this
 
19 preparation, most inmates will have great difficulty in
 
20 establishing meaningful, productive, crime-free lives.  Upon
 
21 entry into prison, approximately sixty per cent of the inmates
 
22 are functionally illiterate, most have no real vocational skills,
 
23 and eighty-five per cent have a history of substance abuse.  The
 
24 number of inmates who are sex offenders is growing rapidly.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      Unless programs are available to address these issues, these
 
 2 inmates cannot safely be released into the community.  The Hawaii
 
 3 paroling authority has found that a large majority of parole
 
 4 violations are attributable to substance abuse.  In addition,
 
 5 many sex offenders are not adequately prepared for release into
 
 6 the community because of limited treatment opportunities in
 
 7 prison, and thus must remain incarcerated, contributing to
 
 8 overcrowding.
 
 9      The legislature therefore finds that correctional programs
 
10 need to be properly funded to:
 
11      (1)  Protect the public;
 
12      (2)  Alleviate overcrowding; and
 
13      (3)  Give inmates the opportunity to successfully return to
 
14           the community.
 
15      SECTION 7.  The department of public safety may establish
 
16 appropriate temporary positions for inmate basic education and
 
17 vocational programs; the purchase of services for medically
 
18 disabled inmates in the sex offender treatment program; personnel
 
19 costs for surveillance groups in the sex offender treatment
 
20 program; personnel costs, other current expenses, and equipment
 
21 for the assessment center of the sex offender treatment program;
 
22 and personnel costs and other current expenses for substance
 
23 abuse programs for fiscal biennium 1999-2001.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 8.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $         or so much
 
 3 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 4 of $         or so much thereof as may be necessary for fiscal
 
 5 year 2000-2001 for the community reintegration programs.
 
 6                              PART IV
 
 7      SECTION 9.  The Hawaii paroling authority is limited in
 
 8 program options by the lack of alternatives for a parolee who is
 
 9 employed but who is violating technical conditions of the
 
10 parolee's parole.  Current practice is to return the parolee to
 
11 custody for up to ninety days, due to high caseloads, rather than
 
12 providing extensive daily supervision and keeping the parolee out
 
13 of custody.  In this situation, the parolee invariably loses the
 
14 parolee's job, reducing the chances of successful parole
 
15 completion.
 
16      In fiscal year 1994, approximately thirty per cent or
 
17 eighty-six technical parole violators could have utilized a
 
18 structured residential program in lieu of revocation and
 
19 reincarceration.  Many are drug users who must be removed from
 
20 their current environment to abstain from drugs and enter
 
21 treatment.  This can be accomplished at the residential facility.
 
22      The legislature finds that it is more practical and
 
23 financially responsible to place these employed parolees in a
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 residential facility with work release than to return these
 
 2 offenders to prison.
 
 3      SECTION 10.  There is appropriated out of the general
 
 4 revenues of the State of Hawaii the sum of $         or so much
 
 5 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 6 of $         or so much thereof as may be necessary for fiscal
 
 7 year 2000-2001 for the residential work-furlough program.
 
 8      SECTION 11.  The legislature finds that in order to promote
 
 9 successful reintegration into the community, there is a need to
 
10 provide an opportunity for the exiting offender to assume
 
11 increasing levels of responsibility, while at the same time,
 
12 providing sufficient monitoring of the offender's activity to
 
13 promote community safety and to continue the sanction of the
 
14 sentence.
 
15      SECTION 12.  The department of public safety shall establish
 
16 a "Halfway In, Halfway Back" program for inmates who are within
 
17 the last six months of their incarceration.  This shall be a
 
18 graduated transitional release program, which will permit an
 
19 inmate to live at his or her home and work at gainful employment,
 
20 while continuing official supervision in the community by both
 
21 residential facility staff and department of public safety staff.
 
22 The program will provide highly structured supervision,
 
23 reporting, employment, restitution, and community activities for
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 inmates.  The program will be operated by existing residential
 
 2 facility contractors providing these services statewide.  The
 
 3 program's overview is as follows:
 
 4      (1)  Residential facility staff shall monitor the program on
 
 5           a seven-day-a-week, twenty-four-hour-a-day basis;
 
 6      (2)  The residential facility director shall oversee daily
 
 7           operations and act as a liaison to the department of
 
 8           public safety;
 
 9      (3)  Violations may result in the inmates' return to a more
 
10           restrictive level of supervision and reporting;
 
11      (4)  The residential facility staff will assure offender
 
12           compliance with the individual release plan program
 
13           through routine scheduled and unscheduled checks with
 
14           the inmate;
 
15      (5)  The residential facility case manager shall review and
 
16           approve daily and weekly schedules; and
 
17      (6)  The residential facility staff shall verify offender
 
18           compliance in the community by random home, school, or
 
19           work site telephone contacts.
 
20      SECTION 13.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of $         or so much
 
22 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
23 of $         or so much thereof as may be necessary for fiscal
 
24 year 2000-2001 for the "Halfway In, Halfway Back" program.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 14.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $         or so much
 
 3 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 4 of $         or so much thereof as may be necessary for fiscal
 
 5 year 2000-2001 for the early parole program.
 
 6                              PART V
 
 7      SECTION 15.  Without continued treatment while on parole,
 
 8 sex offenders will pose a significant danger to the community.
 
 9 Similarly, drug-dependent offenders crave illegal substances and
 
10 will do almost anything to continue their addiction.  Without
 
11 substance abuse treatment, they will pose a continuing threat to
 
12 the community.  In addition, an estimated eighty per cent (or two
 
13 hundred twenty-nine) of parole violators who returned to prison
 
14 return due to drug-related activities.  Without substance abuse
 
15 treatment while in the community, drug dependent offenders pose a
 
16 risk to community safety and are more likely to fail parole and
 
17 be incarcerated.
 
18      SECTION 16.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $         or so much
 
20 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
21 of $         or so much thereof as may be necessary for fiscal
 
22 year 2000-2001 for sex offender and substance abuse treatment
 
23 services.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1                              PART VI
 
 2      SECTION 17.  The sums appropriated shall be expended by the
 
 3 department of public safety for the purposes of this Act.
 
 4      SECTION 18.  This Act shall take effect on July 1, 1999.