HOUSE OF REPRESENTATIVES |
H.B. NO. |
1604 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to criminal justice reform.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that state laws relating to certain violations of community supervision have resulted in skyrocketing rates of incarceration and severe overcrowding in state correctional facilities. The legislature recognizes that the use of alcohol and illicit substances by parolees is often rooted in the complex issue of addiction and not simply due to a deliberate choice to disregard the law or the terms of parole. Subjecting a parolee to arrest and potential revocation of community supervision is disruptive to the person's overall efforts and progress in leading a pro-social life and is also costly for the State. The State currently spends $253 per day, or $92,345 per year, to incarcerate just one person. Research shows that, in contrast, community-based services may be provided at a fraction of the cost of incarceration.
The legislature believes that instead of expending funds to arrest a parolee who has tested positive for drug use and holding a hearing on whether parole should be revoked based on the positive test, funds should be reinvested in employment, housing, social services, and community-based treatment programs that more effectively reduce recidivism.
Accordingly, the purpose of this Act is to:
(1) Provide that at any time before trial, the court may order the defendant to undergo a substance abuse assessment and participate in any necessary treatment;
(2) Prohibit the revocation of parole solely due to the defendant having one positive test for drug use; and
(3) Prohibit the arrest of a parolee solely due to the defendant having one positive test for drug use.
SECTION 2. Chapter 805, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§805-
Drug screening; request. At
any time before trial, the court may order the defendant to undergo a substance
abuse assessment and participate in any necessary treatment; provided that nothing
in this section shall be construed as precluding the court from ordering that
the defendant undergo a substance abuse assessment and participate in treatment
after trial or as part of any conviction that results therefrom."
SECTION 3. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§806-
Drug screening; request. At any time before trial, the court may order the defendant to undergo a
substance abuse assessment and participate in any necessary treatment; provided
that nothing in this section shall be construed as precluding the court from
ordering that the defendant undergo a substance abuse assessment and
participate in treatment after trial or as part of any conviction that results
therefrom."
SECTION 4. Section 353-66, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) No parole shall be revoked and no credits
forfeited without cause, which [cause must] shall be stated in
the order revoking the parole[,] but shall not be based solely upon
the defendant having one positive test for drug use, or in the order
forfeiting the credits after notice to the paroled prisoner of the paroled
prisoner's alleged offense and an opportunity to be heard; provided that [when]
if a person is convicted in the State of a crime committed while on
parole and is sentenced to imprisonment, or [when] if it is shown
by personal investigation that a parolee has left the State without permission
from the paroling authority and due effort is made to reach the parolee by
registered mail directed to the parolee's last known address, no hearing shall
be required to revoke the parolee's parole; [and] provided further that [when]
if any duly licensed psychiatrist or licensed psychologist finds that
continuance on parole will not be in the best interests of a parolee or the
community, the paroling authority, within the limitations of the sentence
imposed, shall order the detention and treatment of the prisoner until [such
time as] the prisoner [shall be] is found by any duly
licensed psychiatrist or licensed psychologist to be eligible for continuance
on parole."
2. By amending subsection (d) to read:
"(d) The paroling authority may at any time order
the arrest and temporary return to custody of any paroled prisoner, as provided
in section 353-65, for the purpose of ascertaining whether [or not]
there is sufficient cause to warrant the paroled prisoner's reimprisonment or
the revoking of the paroled prisoner's parole or other action provided for by
this part[.]; provided that a parolee shall not be arrested under
this subsection solely because the defendant has one positive test for drug
use."
SECTION 5. This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Courts; Corrections; Arrests; Substance Abuse Assessment; Parole; Probation
Description:
Allows the court to order substance abuse assessment and treatment. Prohibits the arrest of a parolee, or the revocation of parole, solely due to the defendant having 1 positive test for drug use.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.