REPORT TITLE:
Violence Prevention


DESCRIPTION:
Establishes a 3-year, school-based violence prevention
integration pilot project to implement integrated school-based
violence prevention programs in 5 selected public school
complexes.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           179
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE PREVENTION OF PHYSICAL AND SEXUAL VIOLENCE.



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

 1      SECTION 1.  In 1995, the legislature adopted Senate
 
 2 Concurrent Resolution No. 191, H.D. 1, and House Concurrent
 
 3 Resolution No. 150, H.D. 1, creating a violence prevention
 
 4 coordinating council under the auspices of the Hawaii state
 
 5 commission on the status of women to consider and report on the
 
 6 integration of violence prevention skills and knowledge into
 
 7 school curricula for all students from pre-kindergarten through
 
 8 twelfth grade.  The goal was to examine a viable solution to
 
 9 prevent violence in our schools, homes, and communities.
 
10      The council report concluded that violence prevention skills
 
11 and knowledge are as important to our children as reading,
 
12 writing, and math.  Current policy ignores primary prevention
 
13 strategies and focuses attention and resources on remedial
 
14 efforts.  This is ineffective and a waste of resources.  Public
 
15 policy should be enacted to stop violence through a school-based
 
16 violence prevention plan to effectively teach and model skills
 
17 necessary for peaceful coexistence to all children in all grades.
 
18 The council recommended the establishment of a public-private
 
19 partnership to coordinate and fund a three-year, school-based
 

 
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 1 violence prevention integration pilot project involving five
 
 2 school complexes throughout the State.
 
 3      Violence affects every citizen and substantially impairs the
 
 4 quality of life in Hawaii's schools, homes, and communities.  In
 
 5 a 1993 survey of Hawaii students in grades nine through twelve,
 
 6 18.4 per cent of the students responded that they had carried a
 
 7 weapon during the past thirty days, with 7.9 per cent carrying a
 
 8 weapon on school property.  In addition, 6.1 per cent of students
 
 9 responded that they carried a gun, and thirty-seven per cent
 
10 responded that they were in a physical fight during the past
 
11 twelve months.  In 1994, there were over seventeen thousand calls
 
12 made to child protective services and over 4,225 reports of child
 
13 abuse and neglect were investigated by social workers.  Crime in
 
14 Hawaii 1994 reported that there was a total of 15,007 juvenile
 
15 arrests in 1994.  Based on this report, it is estimated that this
 
16 month there will be twenty-seven arrests of children for a
 
17 violent crime.  A report estimates that in 1992, at least twenty
 
18 per cent of women in Hawaii, ages eighteen through sixty-four
 
19 years, had been victims of domestic violence.  In 1994, there
 
20 were about seven thousand police reports and over four thousand
 
21 arrests for misdemeanor level domestic violence.  Another report
 
22 by the department of the attorney general estimates that 2.2 per
 
23 cent of adult women in Hawaii (9,660 individuals) were victims of
 

 
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 1 completed or attempted forcible rape in 1993.
 
 2      Although compelling, these statistics documented by law
 
 3 enforcement representatives reflect only a portion of Hawaii's
 
 4 violence problem.  Some of the most damaging and heinous
 
 5 behaviors, domestic violence, sexual assault, and youth-to-youth
 
 6 violence affect large numbers of the public, yet are not reported
 
 7 to law enforcement representatives or health and human services
 
 8 personnel.  Young people tell us that when they disclose
 
 9 incidents of sexual assault by other youths against them, there
 
10 is often no response or offer of help by adults, while gangs
 
11 offer protection.  The department of the attorney general
 
12 estimated that only one in twenty-four of the most violent sexual
 
13 assaults were reported to police in 1993.  Nationally, it is
 
14 estimated that only fifty per cent of domestic violence is
 
15 reported to law enforcement representatives.  The scope of the
 
16 problem of violence in Hawaii cannot be determined from law
 
17 enforcement statistics alone.
 
18      This information becomes even more disturbing when we
 
19 realize that Hawaii cannot fiscally or programmatically manage
 
20 the violence brought to our attention.  Hawaii's criminal justice
 
21 system, police, prosecutors, public defenders, courts, and health
 
22 and human services, including child protective services, domestic
 
23 violence shelters, sexual assault crisis centers, victim
 

 
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 1 assistance programs, and offender rehabilitation programs are
 
 2 already overloaded.  The current budget crisis has prompted
 
 3 policymakers to reduce the amount of public sector money
 
 4 available for these programs, causing programs to cut back on
 
 5 services and reduce the number of individuals they can assist.
 
 6 Vanishing services and the absence of a statewide, population-
 
 7 based, primary violence prevention plan will compound the
 
 8 damaging effects of violence and amplify its self-perpetuating
 
 9 nature.  The result is a further drain on the state budget,
 
10 justice system, businesses, and the health of our citizens.  We
 
11 need public policy that will lead us away from this trend of
 
12 escalating violence.
 
13      The purpose of this Act is to establish the public value of
 
14 primary violence prevention policies and programs, establish a
 
15 school-based violence prevention integration pilot project, and
 
16 coordinate a public and private partnership to stop violence.  It
 
17 is through clear public policy, public-private collaborations,
 
18 and action today that our children will achieve their vision for
 
19 Hawaii's future.  The Ke Ala Hoku benchmarking project documents
 
20 that our children want a Hawaii where "safety is assured in our
 
21 communities due to the absence of violence, gangs, and weapons".
 
22      SECTION 2.  Section 712A-16, Hawaii Revised Statutes, is
 
23 amended by amending subsection (4) to read as follows:
 

 
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 1      "(4)  There is established in the department of the attorney
 
 2 general a revolving fund to be known as the criminal forfeiture
 
 3 fund, hereinafter referred to as the "fund" in which shall be
 
 4 deposited one-half of the proceeds of a forfeiture and any
 
 5 penalties paid pursuant to section 712A-10(6).  All moneys in the
 
 6 fund shall be expended by the attorney general and are hereby
 
 7 appropriated for the following purposes:
 
 8      (a)  The payment of any expenses necessary to seize, detain,
 
 9           appraise, inventory, safeguard, maintain, advertise, or
 
10           sell property seized, detained, or forfeited pursuant
 
11           to this chapter or of any other necessary expenses
 
12           incident to the seizure, detention, or forfeiture of
 
13           such property and such contract services and payments
 
14           to reimburse any federal, state, or county agency for
 
15           any expenditures made to perform the foregoing
 
16           functions;
 
17      (b)  The payment of awards for information or assistance
 
18           leading to a civil or criminal proceeding;
 
19      (c)  The payment of supplemental sums to state and county
 
20           agencies for law enforcement purposes; [and]
 
21      (d)  The payment of expenses arising in connection with
 
22           programs for training and education of law enforcement
 
23           officers[.]; and
 

 
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 1      (e)  The payment of supplemental sums for violence
 
 2           prevention programs."
 
 3      SECTION 3.  (a)  As used in this Act:
 
 4      "Council" means the violence prevention advisory council.
 
 5      "Foundation" means the Awareness Foundation, a Hawaii
 
 6 nonprofit corporation.
 
 7      "Fund" or "trust fund" means the school-based violence
 
 8 prevention plan trust fund.
 
 9      "Pilot project" means the school-based violence prevention
 
10 integration pilot project.
 
11      "Violence" refers to acts of verbal or physical aggression
 
12 that are committed by a person, and that cause fear in, hostility
 
13 toward, psychological or physical harm to, or the death of,
 
14 another person.  The term includes domestic violence; sexual
 
15 violence, including sexual harassment; violence based on age,
 
16 gender, sexual orientation, ethnicity, religion, and disability;
 
17 and gang violence.
 
18      "Violence prevention" refers to the teaching and modeling of
 
19 nonviolent skills, knowledge, and communication tools to prevent
 
20 violence in schools, homes, and communities.
 
21      (b)  There is established within the department of the
 
22 attorney general for administrative and oversight purposes a
 
23 three-year pilot project, to be known as the school-based
 

 
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 1 violence prevention integration pilot project, to implement the
 
 2 integrated school-based violence prevention plan in five
 
 3 interested public school complexes, pre-kindergarten through
 
 4 twelfth grade.  The pilot project shall include programs that
 
 5 incorporate the following framework:
 
 6      (1)  Teaching violence prevention to each student in a
 
 7           series of developmentally appropriate building blocks
 
 8           of specific skills and knowledge integrated in
 
 9           curricula pre-kindergarten through twelfth grade.
 
10           Integrated curricula components shall be as follows:
 
11           (A)  Communication skills.  The student learns to
 
12                express thoughts and feelings in clear,
 
13                acceptable, non-threatening, and creative ways;
 
14           (B)  Development of sense of self.  The individual
 
15                learns to develop a strong foundation for
 
16                respecting all human rights and accepting
 
17                responsibilities;
 
18           (C)  Development of a sense of self in harmony with
 
19                others.  The student is taught the necessary
 
20                skills that will promote an awareness of past
 
21                beliefs in society and how these beliefs affect
 
22                the way we choose to relate to one another;
 
23           (D)  Decision making skills.  The student learns
 

 
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 1                necessary skills to cope with challenges; and
 
 2           (E)  Information on current violence prevention issues.
 
 3                This component helps the student identify,
 
 4                analyze, and evaluate problems that are based on
 
 5                issues such as sexual assault, youth gangs,
 
 6                domestic abuse, gender bias, racism, parenting,
 
 7                and dating;
 
 8      (2)  Having teaching methods and curricula that are age
 
 9           appropriate, culturally sensitive, and free from gender
 
10           bias;
 
11      (3)  Teaching students and expressing school policies and
 
12           rules using words that emphasize peaceful coexistence;
 
13      (4)  Having school teachers, counselors, administrators,
 
14           other school personnel, and students model and practice
 
15           skills of peaceful coexistence in the classroom and on
 
16           campus;
 
17      (5)  Providing school personnel with the knowledge and
 
18           skills to respond to student disclosures of all types
 
19           of violence to promote safety and well-being; and
 
20      (6)  Educating school teachers, counselors, other school
 
21           personnel, and parents to teach and model violence
 
22           prevention skills and knowledge.
 
23      (c)  Proposals from school complexes shall include the
 

 
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 1 following components:
 
 2      (1)  Teacher and school personnel training and curricula
 
 3           integration development;
 
 4      (2)  Student curricula training materials;
 
 5      (3)  Workshops to teach violence prevention to parents and
 
 6           effective responses to student disclosures of all types
 
 7           of violence to school personnel; and
 
 8      (4)  Evaluation.
 
 9      (d)  The department shall submit a progress report and a
 
10 final evaluation report of the pilot project to the legislature
 
11 no later than twenty days prior to the convening of the 2001 and
 
12 2002 regular sessions.
 
13      SECTION 4.  (a)  There is established the school-based
 
14 violence prevention plan trust fund as a separate fund of the
 
15 Awareness Foundation, a Hawaii nonprofit corporation.  Moneys
 
16 received from the state, county, or federal government, private
 
17 contributions of cash or other property, and the income and
 
18 capital gains earned by the trust fund shall constitute its
 
19 assets.
 
20      (b)  The Awareness Foundation shall expend moneys from the
 
21 trust fund to implement the school-based violence prevention
 
22 integration pilot project or any other integrated school-based
 
23 violence prevention program in this State that satisfies the
 

 
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 1 requirements of this section, subject to the approval of the
 
 2 violence prevention advisory council.
 
 3      (c)  The trust fund may receive contributions, grants,
 
 4 endowments, or gifts in cash or otherwise from all sources,
 
 5 including corporations or other businesses, foundations,
 
 6 government, individuals, and other interested parties.  The
 
 7 legislature intends that the public and private sectors work
 
 8 together as partners in securing contributions for the trust
 
 9 fund.  The State may donate moneys to the trust fund by
 
10 legislative appropriation; provided that any appropriations made
 
11 by the State are not intended to supplant the funding of existing
 
12 integrated school-based violence prevention programs.
 
13      (d)  The Awareness Foundation shall appoint the members of
 
14 the violence prevention advisory council, which shall:
 
15      (1)  Solicit and otherwise raise funds for the school-based
 
16           violence prevention plan trust fund;
 
17      (2)  Establish criteria for the expenditure of funds;
 
18      (3)  Make recommendations for awarding grants and other
 
19           specific expenditures;
 
20      (4)  Select five school complexes within the State among
 
21           pilot project applicants, preferably one from each of
 
22           the following islands:  Oahu, Kauai, Hawaii, Maui, and
 
23           Molokai or Lanai; and
 

 
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 1      (5)  Submit an annual report to the legislature regarding
 
 2           the status of the activities funded.
 
 3      (e)  Members of the advisory council shall be selected from
 
 4 the community by the Awareness Foundation from lists of
 
 5 candidates provided by the department of the attorney general and
 
 6 the Hawaii state commission on the status of women.  The council
 
 7 shall consist of thirteen members, including the attorney
 
 8 general, or a designated representative; the violence prevention
 
 9 coordination program coordinator; the executive director of the
 
10 Hawaii state commission on the status of women, or a designated
 
11 representative, who shall chair council meetings and provide
 
12 administrative and technical support to the council; and the
 
13 superintendent of education, or a designated representative.  At
 
14 least one individual from each county shall serve on the council
 
15 at any time.  Council meetings may be held via video conference.
 
16 The remaining appointed membership of the council may consist of:
 
17      (1)  Parents, students, and public school personnel;
 
18      (2)  Representatives from parent-teacher-student
 
19           organizations or associations and school/community-
 
20           based management councils;
 
21      (3)  Representatives from the department of education, the
 
22           board of education, the Hawaii State Teachers
 
23           Association, the Hawaii Government Employees
 

 
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 1           Association, the college of education and the board of
 
 2           regents of the University of Hawaii, and the Hawaii
 
 3           State Student Council;
 
 4      (4)  Representatives from the Hawaii state commission on the
 
 5           status of women, the department of the attorney
 
 6           general, the department of health, and the department
 
 7           of human services;
 
 8      (5)  Representatives from county prosecuting attorneys'
 
 9           offices and police departments;
 
10      (6)  Representatives from private, nonprofit agencies
 
11           providing violence prevention services in public
 
12           schools, including the Sex Abuse Treatment Center, Sex
 
13           Abuse Intervention, Incorporated, the Young Men's
 
14           Christian Association, the Young Women's Christian
 
15           Association, Big Island Sexual Assault Support Service,
 
16           Kauai Sexual Assault Treatment Program, the Waianae Sex
 
17           Abuse Treatment Program, the Family Peace Center, the
 
18           Waianae Peace Education Program, and Child and Family
 
19           Services; and
 
20      (7)  Community and business leaders from the private sector.
 
21      (f)  The aggregate principal sum deposited in the trust
 
22 fund, and any income and capital gains earned by the trust fund
 
23 but not expended for administration or for the purposes of the
 

 
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 1 school-based violence prevention integration pilot project shall
 
 2 be invested in accordance with the bylaws of the Awareness
 
 3 Foundation in a manner intended to maximize the rate of return on
 
 4 investment of the trust fund consistent with the objective of
 
 5 preserving the trust fund's principal.
 
 6      (g)  There shall be an endowment component of the trust
 
 7 fund.
 
 8      (h)  The use of any state funds may be restricted by the
 
 9 legislation appropriating these funds to the trust fund.
 
10      (i)  All state funds appropriated to the trust fund by this
 
11 Act that are not matched on a dollar-for-dollar basis by private
 
12 contributions by June 28, 2002, shall be due and owing to the
 
13 State on June 29, 2002.  For the purposes of this section, the
 
14 requirement for matching private contributions shall be deemed
 
15 satisfied if a total match is generated by any of the following
 
16 methods prior to the matching deadline:
 
17      (1)  Cash, including the United States dollar equivalent of
 
18           foreign currency, is received by the trust fund;
 
19      (2)  Interest and title in personal property, including
 
20           securities and cash value of life insurance policies,
 
21           and real property, valued by appraisal, market
 
22           quotations, or other generally accepted valuation
 
23           methods, are transferred to the trust fund; or
 

 
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 1      (3)  Pledges to the trust fund of cash or interest and title
 
 2           to real or personal property, payable not later than
 
 3           June 28, 2002; provided that any sums appropriated by
 
 4           the State and matched by the pledges within the
 
 5           matching period shall be due and owing to the State by
 
 6           June 29, 2002, to the extent that the sums appropriated
 
 7           by the State are not matched by actual payment of the
 
 8           pledges within the matching period.
 
 9      (j)  Any organization submitting a proposal to the Awareness
 
10 Foundation for trust fund moneys shall meet all of the following
 
11 standards at the time of application:
 
12      (1)  Be a nonprofit organization incorporated under the laws
 
13           of the State, or be a nonprofit organization determined
 
14           by the Internal Revenue Service to be exempt from the
 
15           federal income tax, or be an agency of the State or a
 
16           county;
 
17      (2)  In the case of a nonprofit organization, have a
 
18           governing board whose members have no material conflict
 
19           of interest and serve without compensation;
 
20      (3)  In the case of an applicant that is not a state or
 
21           county government agency, have bylaws or policies that
 
22           describe the manner in which business is conducted and
 
23           policies that relate to the management of potential
 

 
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 1           conflict of interest situations;
 
 2      (4)  Have experience with the pilot project or in the
 
 3           program area for which the proposal is being made; and
 
 4      (5)  Be licensed and accredited, as applicable, in
 
 5           accordance with the requirements of federal, state, and
 
 6           county governments.
 
 7      (k)  The school-based violence prevention integration pilot
 
 8 project shall receive first consideration for trust fund awards.
 
 9      (l)  Schools, organizations, or agencies to which trust fund
 
10 moneys are awarded shall agree to comply with the following
 
11 conditions before receiving the award:
 
12      (1)  Employ or have under contract persons qualified to
 
13           engage in the activity to be funded;
 
14      (2)  Comply with applicable federal, state, and county laws;
 
15           and
 
16      (3)  Comply with any other requirements prescribed by the
 
17           Awareness Foundation to ensure adherence by the
 
18           recipient of the award with applicable federal, state,
 
19           and county laws.
 
20      (m)  The Awareness Foundation shall submit an annual report
 
21 to the department of the attorney general on the expenditure of
 
22 public moneys by the Foundation.
 
23      (n)  The results of an annual audit of the Awareness
 

 
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 1 Foundation shall be submitted to the department of the attorney
 
 2 general not later than thirty days from the date the Foundation
 
 3 receives the audit results.  In addition, the Awareness
 
 4 Foundation shall retain all audit results for a period of three
 
 5 years and permit the department of the attorney general, the
 
 6 department of accounting and general services, state legislators,
 
 7 and the auditor, or their duly authorized representatives, to
 
 8 inspect and have access to any documents, papers, books, records,
 
 9 and other evidence that is pertinent to the trust fund.
 
10      (o)  In the event of the termination of the trust fund or
 
11 the dissolution of the Awareness Foundation, the unspent
 
12 appropriations of the State, if any, shall revert back to the
 
13 general fund of the State.  Any other amounts remaining in the
 
14 trust fund shall be distributed in accordance with the
 
15 recommendations of the violence prevention advisory council.
 
16      (p)  The trust fund shall not be placed in the state
 
17 treasury, and the State shall not administer the trust fund, nor
 
18 shall the State be liable for its operation or solvency.
 
19      SECTION 5.  (a)  There is established within the department
 
20 of the attorney general a violence prevention coordination
 
21 program.  The program shall:
 
22      (1)  Oversee the school-based violence prevention
 
23           integration pilot project established under this Act in
 

 
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 1           collaboration with the violence prevention advisory
 
 2           council;
 
 3      (2)  Develop a statewide plan to coordinate violence
 
 4           prevention activities in the State in conjunction with
 
 5           the school-based violence prevention integration pilot
 
 6           project.  The program, as necessary, shall include
 
 7           input from public and private sector violence
 
 8           prevention programs that provide violence prevention
 
 9           education to the schools and general public in Hawaii.
 
10           The plan shall provide for the establishment of
 
11           infrastructure to ensure violence prevention as
 
12           recommended in the integrated school-based violence
 
13           prevention plan; and
 
14      (3)  Seek out and obtain all available federal and private
 
15           funds that may be available to fund the school-based
 
16           violence prevention integration pilot project.
 
17      (b)  The attorney general may adopt rules pursuant to
 
18 chapter 91, Hawaii Revised Statutes, to implement this section.
 
19      SECTION 6.  (a)  The superintendent of education shall take
 
20 the following actions with respect to the school-based violence
 
21 prevention integration pilot project:
 
22      (1)  Encourage the development of five model curricula
 
23           integration plans in violence prevention for pre-
 

 
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 1           kindergarten through twelfth grade in school complexes
 
 2           applying to receive school-based violence prevention
 
 3           plan trust fund moneys;
 
 4      (2)  Serve or send an authorized representative to serve on
 
 5           the violence prevention advisory council;
 
 6      (3)  Develop, maintain, conspicuously post on campuses, and
 
 7           annually distribute to students, parents and guardians,
 
 8           teachers, counselors, administrators, and other school
 
 9           personnel, clearly written, age-appropriate documents
 
10           regarding:
 
11           (A)  The definition of "violence", including domestic
 
12                violence; sexual violence, including sexual
 
13                harassment; violence based on age, gender, sexual
 
14                orientation, ethnicity, religion, and disability;
 
15                and gang violence;
 
16           (B)  The department of education's policy on violence
 
17                as it relates to acts committed by, or directed
 
18                towards students, parents and guardians, teachers,
 
19                counselors, administrators, and other school
 
20                personnel;
 
21           (C)  The procedures for reporting violence as it
 
22                relates to acts committed by, or directed towards
 
23                students, parents and guardians, teachers,
 

 
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 1                counselors, administrators, and other school
 
 2                personnel;
 
 3           (D)  The remedies that are available to aggrieved
 
 4                persons under school and departmental rules, and
 
 5                state and federal laws; and
 
 6           (E)  The penalties that may be imposed on offenders in
 
 7                accordance with the foregoing school and
 
 8                departmental rules, and state and federal laws.
 
 9      (b)  The board of education shall take the following actions
 
10 with respect to the school-based violence prevention integration
 
11 pilot project:
 
12      (1)  Encourage those public schools participating in the
 
13           pilot project to offer the model integrated curricula
 
14           developed pursuant to subsection (a)(1), or to offer
 
15           customized versions of these model integrated curricula
 
16           if the customization of the same is necessary to meet
 
17           the particular needs of a school;
 
18      (2)  Encourage presentations and curricula in violence
 
19           prevention to be offered in those public schools and
 
20           school-based programs participating in the pilot
 
21           project by private, nonprofit agencies specializing in
 
22           violence prevention;
 
23      (3)  Encourage students to attend presentations in violence
 

 
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 1           prevention;
 
 2      (4)  Encourage training in violence prevention to be offered
 
 3           to public school personnel, and the parents and
 
 4           guardians of students, by private, nonprofit agencies
 
 5           specializing in violence prevention;
 
 6      (5)  Encourage the schools participating in the pilot
 
 7           project to offer model courses in violence prevention,
 
 8           or to offer customized versions of these model courses
 
 9           if the customization of the same is necessary to meet
 
10           the particular needs of a school;
 
11      (6)  Encourage public school personnel to attend courses in
 
12           violence prevention; and
 
13      (7)  Encourage the parents and guardians of students to
 
14           attend courses in violence prevention.
 
15      SECTION 7.  (a)  As resources permit, the dean of the
 
16 University of Hawaii college of education shall consider a future
 
17 plan to:
 
18      (1)  Integrate violence prevention with present and future
 
19           curricula for teachers, counselors, administrators, and
 
20           other undergraduate and graduate students in the
 
21           college of education;
 
22      (2)  Develop continuing education classes on violence
 
23           prevention for current teachers, counselors, and
 

 
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 1           administrators in the department of education;
 
 2      (3)  Develop courses in violence prevention for teachers,
 
 3           counselors, administrators, and other undergraduate and
 
 4           graduate students in the college of education; and
 
 5      (4)  Submit a brief, annual report to the violence
 
 6           prevention advisory council regarding:
 
 7           (A)  The status of the future plan described in
 
 8                subsection (a)(1); and
 
 9           (B)  The expenditure of public moneys by the University
 
10                of Hawaii to carry out the plan.
 
11      (b)  The board of regents shall consider a future plan to:
 
12      (1)  Encourage teachers, counselors, administrators, and
 
13           other undergraduate and graduate students in the
 
14           college of education to attend courses in violence
 
15           prevention; and
 
16      (2)  Support courses in violence prevention to be offered to
 
17           teachers, counselors, administrators, and other
 
18           undergraduate and graduate students in the college of
 
19           education by college of education personnel assisted by
 
20           private, nonprofit agencies specializing in violence
 
21           prevention.
 
22      SECTION 8.  The auditor shall:
 
23      (1)  Conduct a financial audit of the school-based violence
 

 
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 1           prevention plan trust fund; and
 
 2      (2)  Review the activities and progress made by the school-
 
 3           based violence prevention integration pilot project
 
 4           established by this Act.  The auditor shall report on
 
 5           the status of the pilot project and the value and need
 
 6           for a public mandate offering all students violence
 
 7           prevention skills and knowledge through the school-
 
 8           based violence prevention integration pilot project.
 
 9 The auditor shall report findings and recommendations to the
 
10 legislature twenty days prior to the convening of the regular
 
11 session of 2002.
 
12      SECTION 9.  The department of the attorney general is
 
13 authorized to establish one temporary full-time equivalent (1.00
 
14 FTE) position for a violence prevention coordination program
 
15 coordinator, which shall be exempt from chapters 76 and 77,
 
16 Hawaii Revised Statutes, at the salary level of $          for
 
17 fiscal years 1999-2000, 2000-2001, and 2001-2002.  The
 
18 coordinator shall assist the attorney general in the
 
19 implementation of the violence prevention coordination program
 
20 established within the department of the attorney general
 
21 pursuant to this Act.
 
22      SECTION 10.  There is appropriated out of the criminal
 
23 forfeiture fund the sum of $         , or so much thereof as may
 

 
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 1 be necessary for fiscal year 1999-2000, and the same sum, or so
 
 2 much thereof as may be necessary for fiscal year 2000-2001, to
 
 3 fund the school-based violence prevention integration pilot
 
 4 project, including the following components:
 
 5      (1)  Teacher and other school personnel training and
 
 6           curricula integration development;
 
 7      (2)  Student curricula training materials;
 
 8      (3)  Workshops to teach violence prevention to parents and
 
 9           effective responses to student disclosures of all types
 
10           of violence to school personnel; and
 
11      (4)  Pilot project evaluation.
 
12      Of the amount appropriated from the criminal forfeiture fund
 
13 by this section, $        shall be divided equally between the
 
14 Awareness Foundation and the Hawaii state commission on the
 
15 status of women, which shall provide administrative and technical
 
16 support to the violence prevention advisory council.
 
17      The sum appropriated shall be expended by the department of
 
18 the attorney general for the purposes of this Act.
 
19      SECTION 11.  There is appropriated out of the criminal
 
20 forfeiture fund the sum of $         , or so much thereof as may
 
21 be necessary for fiscal year 1999-2000, and the same sum, or so
 
22 much thereof as may be necessary for fiscal year 2000-2001, for
 
23 one temporary full-time equivalent (1.00 FTE) position for a
 

 
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 1 violence prevention coordination program coordinator and start-up
 
 2 equipment.
 
 3      The sum appropriated shall be expended by the department of
 
 4 the attorney general for the purposes of this Act.
 
 5      SECTION 12.  It is the intent of this Act not to jeopardize
 
 6 the receipt of any federal aid nor to impair the obligation of
 
 7 the State or any agency thereof to the holders of any bond issued
 
 8 by the State or by any such agency, and to the extent, and only
 
 9 to the extent, necessary to effectuate this intent, the governor
 
10 may modify the strict provisions of this Act, but shall promptly
 
11 report any such modification with reasons therefor to the
 
12 legislature at its next session thereafter for review by the
 
13 legislature.
 
14      SECTION 13.  If any provision of this Act, or the
 
15 application thereof to any person or circumstance is held
 
16 invalid, the invalidity does not affect other provisions or
 
17 applications of the Act which can be given effect without the
 
18 invalid provision or application, and to this end the provisions
 
19 of this Act are severable.
 
20      SECTION 14.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 15.  This Act shall take effect on July 1, 1999, and
 
23 shall be repealed on June 30, 2002; provided that on June 30,
 

 
Page 25                                                    
                                     S.B. NO.           179
                                                        
                                                        


 1 2002, section 712A-16(4), Hawaii Revised Statutes, is reenacted
 
 2 in the form in which it read on June 30, 1999.
 
 3 
 
 4                           INTRODUCED BY:  _______________________
 
 5 
 
 6   _________________________               _______________________
 
 7   
 
 8   _________________________               _______________________
 
 9   
 
10   _________________________               _______________________
 
11   
 
12   _________________________               _______________________
 
13   
 
14   _________________________               _______________________
 
15   
 
16                                           _______________________
 
17