REPORT TITLE:
Pedophiles; Continuing Therapy


DESCRIPTION:
Requires persons convicted of sex offenses against children to
obtain psychiatric or psychological therapy upon the completion
of their terms of imprisonment.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1849
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SEX OFFENDERS.



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

 1      SECTION 1.  Chapter 706, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§706-     Post-imprisonment psychiatric or psychological
 
 5 therapy for convicted child sex offenders.  (1)  Any person who
 
 6 has been convicted in this State or any other jurisdiction of any
 
 7 offense specified in subsection (2), where the victim has not
 
 8 attained thirteen years of age, shall undergo psychiatric or
 
 9 psychological therapy following the completion of that person's
 
10 term of imprisonment, in addition to any other punishment
 
11 prescribed for that offense or any other provision of law.
 
12      (2)  This section shall apply to the following offenses:
 
13      (a)  Section 707-730(1)(b);
 
14      (b)  Section 707-732(1)(b);
 
15      (c)  Section 707-733.5;
 
16      (d)  Section 707-741; or
 
17      (e)  An offense under the law of another state or other
 
18           jurisdiction that is equivalent to an offense specified
 
19           in paragraphs (a) to (d).
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (3)  If it is determined by a qualified mental health
 
 2 professional that the offender is amenable to psychiatric or
 
 3 psychological therapy, the court may require, as a condition of
 
 4 probation under section 706-624(2)(k), the defendant to undertake
 
 5 psychiatric or psychological treatment by a qualified mental
 
 6 health professional.  In the case of a person sentenced to
 
 7 probation who is required to undergo psychiatric or psychological
 
 8 therapy and is in the custody of the department of public safety
 
 9 or other law enforcement agency or confined in a state or county
 
10 correctional institution at the time of sentencing, when that
 
11 person becomes eligible for probation, that person shall begin
 
12 therapy prior to the person's release from custody or
 
13 confinement.  Additional therapy shall continue after the
 
14 defendant's release from custody or confinement until the
 
15 defendant demonstrates to the court that the treatment is no
 
16 longer necessary.
 
17      (4)  The Hawaii paroling authority, in the exercise of its
 
18 discretion in considering the grant of parole to a person who has
 
19 been convicted under subsection (1), as a condition of parole
 
20 under sections 706-670(2) and 706-624(2)(k), may require that the
 
21 person undergo psychiatric or psychological therapy; provided
 
22 that, while undergoing this treatment, the person must
 
23 participate in and pay for therapy currently available from a
 

 
Page 3                                                     1849
                                     H.B. NO.           
                                                        
                                                        

 
 1 private or public provider of outpatient mental health services.
 
 2 A person who is required to participate in therapy as a condition
 
 3 of parole shall begin therapy at least one week prior to the
 
 4 person's release from confinement in a state or county
 
 5 correctional institution, but additional therapy shall continue
 
 6 after the defendant's release on parole until the defendant
 
 7 demonstrates to the Hawaii paroling authority that the treatment
 
 8 is no longer necessary.  The provision of treatment required as a
 
 9 condition of parole shall be administered by the Hawaii paroling
 
10 authority through qualified mental health professionals employed
 
11 by the defendant and approved by the authority.  The department
 
12 of public safety shall permit access by the qualified mental
 
13 health professional for this purpose to any person required to
 
14 begin therapy while confined in a facility of the department.
 
15      (5)  Any qualified mental health professional who acts in
 
16 good faith in compliance with this section in the provision of
 
17 therapy provided for in this section shall be immune from civil
 
18 or criminal liability for that person's actions in connection
 
19 with the treatment or counseling.
 
20      (6)  As used in this section, the term "qualified mental
 
21 health professional" means a psychiatrist who is licensed under
 
22 chapter 453, a psychologist who is licensed under chapter 465, or
 
23 a social worker licensed under chapter 467E who specializes in
 

 
Page 4                                                     1849
                                     H.B. NO.           
                                                        
                                                        

 
 1 psychiatric social work.
 
 2      (7)  The department of public safety shall adopt rules
 
 3 pursuant to chapter 91 to provide for the effective
 
 4 administration and implementation of this section."
 
 5      SECTION 2.  New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.
 
 7 
 
 8                          INTRODUCED BY: _________________________
 
 9 
 
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