SB718 SD1.DOC

SECTION 1. The legislature finds that hundreds of Honolulu residents are cited or arrested for nonviolent offenses and do not pose a threat to the public. The offenses include drinking liquor in public, being in public parks after hours of closure, and camping on sidewalks, beaches, and other restricted public places. Most of those cited do not come to court, which leads to the issuance of bench warrants for their arrest. Much time and resources are then expended to bring these individuals to court.

The legislature also finds that once these minor, nonviolent offenders are brought into court, the sentences imposed are often monetary fines, as the offenses are not serious enough to warrant incarceration. Most of those fined, however, have low or no income and are unable to pay the fines. This noncompliance leads to another bench warrant, which repeats the cycle and keeps the offenders in the system without offering any rehabilitative measures. In addition, the prosecution of these cases burdens and congests the court system without producing a meaningful resolution that will prevent recurrence of the offenses.

The legislature further finds that the prosecuting attorney of the city and county of Honolulu has worked with the judiciary and the public defender on a community court outreach project. The project is described as the criminal justice system's response to the many minor nonviolent offenses that overburden the courts and law enforcement. The goal of the project is to provide judges with more sentencing options for nonviolent offenses and to help nonviolent offenders who face a myriad of problems, such as drug abuse and mental health challenges, obtain basic necessities, such as food and shelter.

The community court is intended to function as a mobile justice system that travels to neighborhoods and resolves cases against offenders who are unable to attend a traditional court setting or pay fines imposed against them. The community court is also intended to impose alternative sentences, such as community service and mandatory participation in programs deemed appropriate for individual offenders based on their need for specific mental health services, substance abuse treatment, sustenance, and shelter.

The legislature envisions the community court to be one of a variety of programs with the purpose of diverting low risk offenders, with or without mental health or substance abuse challenges, from incarceration. Another program is the pre-arrest diversion program based on the law enforcement assisted diversion (LEAD) projects of other jurisdictions. The legislature intends that the community court program and the pre-arrest diversion program operate in a coordinated manner.

The purpose of this Act is to establish a community court outreach project in the city and county of Honolulu to offer combined accountability and treatment options to offenders that will reduce crime and recidivism. The legislature intends to evaluate the community court outreach project during its operational period and determine whether the project should be expanded to other counties of the State.

SECTION 2. Community court outreach project; establishment; purpose. (a) There is established the community court outreach project to be administered and operated by the judiciary in the city and county of Honolulu from July 1, 2017, until June 30, 2020, subject to section 5 of this Act.

(b) The purpose of the community court outreach project shall be to operate a mobile court that:

(1) Travels to communities where defendants who have been cited or arrested for certain nonviolent offenses and do not pose a threat to the public live or congregate; and

(2) Disposes of the cases of defendants who enter plea agreements after negotiations between the prosecuting attorney and public defender.

SECTION 3. Definitions. For the purpose of this Act:

"Community court outreach project" or "project" means the community court outreach project established by this Act.

"Prosecuting attorney" means the prosecuting attorney of the city and county of Honolulu.

"Public defender" means the public defender of the State.

SECTION 4. Community court outreach project process. (a) Under the community court outreach project, the court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.

(b) Only cases involving nonviolent, non-felony offenses under state law and city ordinance may be heard and disposed of under the community court outreach project.

(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with the offenses identified under subsection (b) and who:

(1) Are willing to participate in the community court outreach project;

(2) Are eligible and willing to be represented by the public defender; and

(3) May benefit from participation in the project.

After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the project and transmit the list to the prosecuting attorney.

(d) The prosecuting attorney shall review the list developed under subsection (c) and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the project. The prosecuting attorney shall enter into plea agreement negotiations with the public defender for disposition of those defendants.

(e) The plea agreement for a defendant may include a proposed fine, community service, court-ordered treatment, or other court-ordered condition, but shall not include imprisonment.

The court shall not hear or dispose of a case in which the plea agreement for the defendant proposes any imprisonment.

(f) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement, except that the court shall not order imprisonment.

SECTION 5. Community court outreach project; subject to the availability of funds and memoranda of agreement with the prosecuting attorney and public defender. (a) The judiciary shall administer and operate the community court outreach project during a fiscal year if:

(1) The chief justice determines that sufficient funds are available to administer and operate the project, either through a specific appropriation for the project, another appropriation in the judiciary budget act, or a federal or other grant;

(2) The chief justice and prosecuting attorney enter into a memorandum of agreement specifying the terms and conditions of the prosecuting attorney's participation in the project and the funding to be provided by the judiciary to the prosecuting attorney for the project; and

(3) The chief justice and public defender enter into a memorandum of agreement specifying the terms and conditions of the public defender's participation in the project and the funding to be provided by the judiciary to the public defender for the project.

If all of the conditions under paragraphs (1) to (3) are not met for a fiscal year, the chief justice shall not administer or operate the project during that fiscal year.

(b) The chief justice shall transfer the entire amount of funds for a fiscal year specified in the memoranda of agreement with the prosecuting attorney and the public defender to each of them within thirty days of entering into the latter dated memorandum of agreement with each of them or by September 1 of that fiscal year, whichever occurs first.

If the entire amount of funds for a fiscal year is not transferred to the prosecuting attorney or public defender by the deadline set under this subsection, the prosecuting attorney or public defender, as applicable, may choose to decline participation in the project.

If, despite not receiving the entire amount of funds by the deadline, the prosecuting attorney or public defender participates or continues to participate in the project, the prosecuting attorney or public defender may collect the amount in accordance with any remedies set forth in the applicable memorandum of agreement.

(c) If the project is not operated during a fiscal year, any specific appropriation to the judiciary for the project for that fiscal year shall not be expended, and the entirety of the specific appropriation shall lapse on June 30 of that fiscal year.

SECTION 6. Annual report. The chief justice shall submit a report on the community court outreach project to the legislature and the governor at least twenty days prior to the convening of the regular sessions of 2018, 2019, and 2020. The report shall include a quantification and discussion of program measures and outcomes. In any report, the chief justice may recommend that this Act be amended, expanded to other counties through June 30, 2020, or made permanent with expansion to other counties. The report shall also include separate chapters or sections containing the comments and recommendations of the prosecuting attorney and public defender.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the establishment, administration, and operation of the community court outreach project.

The sums appropriated shall be expended by the judiciary for the purposes of this Act; provided that, of the appropriation for each fiscal year, the chief justice shall transfer:

(1) $ to the prosecuting attorney for the participation of the prosecuting attorney in the project; and

(2) $ to the public defender for the participation of the public defender in the project.

SECTION 8. (a) There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 to provide security for the community court outreach project.

The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

(b) The department of public safety may establish 2.0 full-time equivalent deputy sheriff positions for the community court outreach project and use the appropriation under subsection (a) to fund the positions.

In the alternative, the department of public safety may assign 2.0 existing full-time equivalent deputy sheriff positions for the community court outreach project and use the appropriation under subsection (a) to establish 2.0 new or fill 2.0 vacant full-time equivalent deputy sheriff positions to replace those assigned to the outreach project.

SECTION 9. This Act shall take effect on January 7, 2059, and shall be repealed on June 30, 2020.

THE SENATE	S.B. NO.	718
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII