REPORT TITLE:
Regimental Discipline Program


DESCRIPTION:
Enhances the Program of Regimental Discipline to include 17-year-
old youths.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            618         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO A PROGRAM OF REGIMENTAL DISCIPLINE.



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

 1      SECTION 1.  Section 706-605.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§706-605.5[]]  Program of regimental discipline.(1)
 
 4 The department of public safety [is authorized to] shall
 
 5 implement a rigorous offender program based on regimental
 
 6 discipline[.] and patterned after military basic training.
 
 7 Participants shall undergo a regimen of hard work, physical
 
 8 training, intensive counseling, and educational and treatment
 
 9 programs within a highly structured and motivational environment.
 
10 Where appropriate, drug treatment programs shall also be
 
11 available.  The program shall be available to defendants and
 
12 committed persons who:
 
13      (a)  Have not been convicted of a class A felony;
 
14      (b)  Are not considered violent;
 
15      (c)  Are chosen by the director of public safety[;] or the
 
16           executive director of the office of youth services, as
 
17           the case may be;
 
18      (d)  Are in good physical and mental condition;
 
19      (e)  Have not been previously sentenced to [an
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           indeterminate] a term of imprisonment[; and] nor
 
 2           ordered to participate in a program of regimental
 
 3           discipline;
 
 4      (f)  Are willing to participate in the program[.]; and
 
 5      (g)  Aged seventeen to twenty-five; provided a seventeen-
 
 6           year-old may participate in the program after receiving
 
 7           a satisfactory evaluation by a probation officer and
 
 8           the approval of the executive director of the office of
 
 9           youth services;
 
10      (2)  The court, with the approval of the director of public
 
11 safety, or the executive director of the office of youth
 
12 services, as the case may be, may order a defendant to
 
13 satisfactorily complete a program of regimental discipline of not
 
14 less than ninety days nor more than one-hundred twenty days, in
 
15 lieu of a sentence, or before the court sentences a defendant, as
 
16 a condition of probation or a deferred acceptance of guilty plea.
 
17      (3)  If a defendant is ordered to complete a program, the
 
18 director of public safety shall certify to the court whether the
 
19 defendant completed the program satisfactorily.  If the defendant
 
20 fails to complete the program satisfactorily as a condition of a
 
21 deferred acceptance of guilty plea, such a failure shall be
 
22 considered in accordance with section 853-3.  If a defendant
 
23 fails to complete the program satisfactorily as a condition of
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 probation, such a failure shall be considered in accordance with
 
 2 section 706-625.  If a defendant fails to satisfactorily complete
 
 3 the program in lieu of a sentence, the defendant shall serve the
 
 4 sentence that would have been imposed had the program not been
 
 5 ordered, less the time served in the program.  A defendant may be
 
 6 expelled from the program at any time and shall be treated as if
 
 7 the defendant had not satisfactorily completed the program.
 
 8      (4)  The department of public safety shall provide necessary
 
 9 staff to implement the program and facilities to house program
 
10 participants.
 
11      (5)  A person, who is ordered to complete the program, shall
 
12 be transported directly to the program facility and shall not be
 
13 subject to the department of public safety's intake procedures.
 
14      (6)  The department of public safety may adopt rules
 
15 pursuant to chapter 91 to implement the program."
 
16      SECTION 2.  There is appropriated our of the general
 
17 revenues of the State of Hawaii the sum of $       , or so much
 
18 thereof as may be necessary for fiscal year 1999-2000, and the
 
19 same sum, or so much thereof as may be necessary for fiscal year
 
20 2000-2001, to carry out the purposes of this Act.
 
21      SECTION 3.  The sum appropriated shall be expended by the
 
22 department of public safety.
 
23      SECTION 4.  Statutory material to be repealed is bracketed.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 New statutory material is underscored.
 
 2      SECTION 5.  This Act shall take effect on July 1, 1999.
 
 3 
 
 4                           INTRODUCED BY: ________________________