Report Title:
Criminal Offenses Against Minors; Restricted Internet Access
Description:
Restricts or prohibits use of or access to the Internet by persons who have committed certain criminal offenses against victims who are minors and who are released on parole, probation, or other type of supervised or conditional release.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2625 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO USE OF OR ACCESS TO THE INTERNET.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to restrict or prohibit the use of or access to the Internet by persons who have committed certain criminal offenses against victims who are minors and who are released on parole, probation, or other type of supervised or conditional release.
SECTION 2. Section 353-10.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353-10.5[]] Intermediate sanctions; eligibility; criteria and conditions. (a) The department of public safety shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration.
(b) Pretrial detainees may be considered for placement in alternative programs if they:
(1) Have been admitted to bail and are not charged with a non-probationable class A felony; and
(2) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.
(c) Sentenced offenders and other committed persons may be considered for placement in alternative programs as a condition of furlough or release, provided that the person is otherwise eligible for or has been granted furlough or release pursuant to section 353-8 or 353-17.
(d) As used in this section, "alternative programs" mean programs which, from time to time, are created and funded by legislative appropriation or federal grant naming the department of public safety or one of its operating agencies as the expending agency and which are intended to provide an alternative to incarceration. Alternative programs may include:
(1) Home detention, curfew using electronic monitoring and surveillance, or both;
(2) Supervised release, graduated release, furlough, and structured educational or vocational programs;
(3) A program of regimental discipline pursuant to section 706-605.5; and
(4) Similar programs created and designated as alternative programs by the legislature or the director of public safety for inmates who do not pose significant risks to the community.
(e) For any sentenced offender or other committed person who is placed in home detention, curfew, supervised release, graduated release, furlough, or similar alternative program under this section, who has committed a criminal offense against a victim who is a minor as defined in section 846E-2, the court shall decide whether to restrict or prohibit the person's use of or access to the Internet as a condition of the alternative program."
SECTION 3. Section 704-411, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) When a defendant is acquitted on the ground of physical or mental disease, disorder, or defect excluding responsibility, the court [shall], on the basis of the report made pursuant to section 704-404, if uncontested, or the medical or psychological evidence given at the trial or at a separate hearing, shall make an order as follows:
(a) The court shall order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for custody, care, and treatment if the court finds that the defendant presents a risk of danger to oneself or others and that the defendant is not a proper subject for conditional release; provided that the director of health shall place defendants charged with misdemeanors or felonies not involving violence or attempted violence in the least restrictive environment appropriate in light of the defendant's treatment needs and the need to prevent harm to the person confined and others; [or]
(b) The court shall order the defendant to be released on such conditions as the court deems necessary if the court finds that the defendant is affected by physical or mental disease, disorder, or defect and that the defendant presents a danger to oneself or others, but that the defendant can be controlled adequately and given proper care, supervision, and treatment if the defendant is released on condition[; or]. If the person being conditionally released under supervision was committed, after being found not guilty by reason of physical or mental disease, disorder, or defect excluding responsibility, for a violation of a criminal offense against a victim who is a minor, as defined in section 846E-2, the court shall decide whether to restrict or prohibit the person's use of or access to the Internet as a condition of the release; or
(c) The court shall order the defendant discharged from custody if the court finds that the defendant is no longer affected by physical or mental disease, disorder, or defect, or, if so affected, that the defendant no longer presents a danger to oneself or others and is not in need of care, supervision, or treatment."
SECTION 4. Section 706-605.1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§706-605.1[]] Intermediate sanctions; eligibility; criteria and conditions. (1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.
(2) Defendants may be considered for sentencing to alternative programs if they:
(a) Have not been convicted of a non-probationable class A felony; and
(b) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.
(3) A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.
(4) As used in this section, "alternative programs" means programs which, from time to time, are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and which are intended to provide an alternative to incarceration. Alternative programs may include:
(a) House arrest, or curfew using electronic monitoring and surveillance, or both;
(b) Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;
(c) Therapeutic residential and non-residential programs;
(d) A program of regimental discipline pursuant to section 706-605.5; and
(e) Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.
(5) For any sentenced offender or other committed person who is placed in home detention, curfew, supervised release, graduated release, furlough, or similar alternative program under this section, who has committed a criminal offense against a victim who is a minor as defined in section 846E-2, the court shall decide whether to restrict or prohibit the person's use of or access to the Internet as a condition of the alternative program."
SECTION 5. Section 706-624, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Discretionary conditions. The court may provide, as further conditions of a sentence of probation, to the extent that the conditions are reasonably related to the factors set forth in section 706-606 and to the extent that the conditions involve only deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 706-606(2), that the defendant:
(a) Serve a term of imprisonment not exceeding one year in felony cases, and not exceeding six months in misdemeanor cases; provided that notwithstanding any other provision of law, any order of imprisonment under this subsection that provides for prison work release shall require the defendant to pay thirty per cent of the defendant's gross pay earned during the prison work release period to satisfy any restitution order. The payment shall be handled by the adult probation division and shall be paid to the victim on a monthly basis;
(b) Perform a specified number of hours of services to the community as described in section 706-605(1)(e);
(c) Support the defendant's dependents and meet other family responsibilities;
(d) Pay a fine imposed pursuant to section 706-605(1)(b);
(e) Make restitution as specified in section 706-605(1)(d);
(f) Work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip the defendant for suitable employment;
(g) Refrain from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the crime or engage in the specified occupation, business, or profession only to a stated degree or under stated circumstances;
(h) Refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons, including but not limited to the victim of the crime, any witnesses, regardless of whether they actually testified in the prosecution, law enforcement officers, co-defendants, or other individuals with whom contact may adversely affect the rehabilitation or reformation of the person convicted;
(i) Refrain from use of alcohol or any use of narcotic drugs or controlled substances without a prescription;
(j) Refrain from possessing a firearm, destructive device, or other dangerous weapon;
(k) Undergo available medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;
(l) Reside in a specified place or area or refrain from residing in a specified place or area;
(m) Submit to periodic urinalysis or other similar testing procedure;
(n) Satisfy other reasonable conditions as the court may impose;
(o) Refrain from entering specified geographical areas without the court's permission; [or]
(p) Refrain from leaving the person's dwelling place except to go to and from the person's place of employment, the office of the person's physician or dentist, the probation office or as may be granted by the person's probation officer pursuant to court order. As used in this paragraph, "dwelling place" includes the person's yard or, in the case of condominiums, the common elements[.]; or
(q) Be restricted or prohibited from using or having access to the Internet if the person being sentenced to probation has committed a criminal offense against a victim who is a minor, as defined in section 846E-2."
SECTION 6. Section 706-670, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Parole conditions. The authority, as a condition of parole, may impose reasonable conditions on the prisoner as provided under section 706-624[.]; provided that if the person being paroled has committed a criminal offense against a victim who is a minor, as defined in section 846E-2, the authority may restrict or prohibit the person's use of or access to the Internet as a condition of parole."
SECTION 7. Section 804-7.1, Hawaii Revised Statutes, is amended to read as follows:
"§804-7.1 Conditions of release on bail, recognizance, or supervised release. Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release. Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:
(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;
(2) Prohibiting the defendant from going to certain described geographical areas or premises;
(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors [[]or[]] certain drugs;
(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;
(6) Requiring the defendant to comply with a specified curfew;
(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;
(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;
(9) Requiring the defendant to satisfy any other condition reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person or community; [or]
(10) Restricting or prohibiting the defendant from using or having access to the Internet if the defendant is alleged to have committed a criminal offense against a victim who is a minor, as defined in section 846E-2; or
[(10)] (11) Imposing any combination of conditions listed above.
The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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