REPORT TITLE:
Crime Victim Compensation 


DESCRIPTION:
Transfers the crime victim compensation commission from within
the department of public safety to the department of the attorney
general.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           193
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME. 


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

 1      SECTION 1.  The legislature finds that placement of the
 
 2 crime victim compensation commission within the department of
 
 3 public safety neither serves the purpose of nor benefits the
 
 4 department.  The crime victim compensation commission is
 
 5 concerned with victims of crimes, whereas the department of
 
 6 public safety is concerned with perpetrators of crimes.
 
 7 Unfortunately the placement of the crime victim compensation
 
 8 within the department of public safety is solely for
 
 9 administrative and budgetary purposes. 
 
10      On the other hand, the office of the attorney general shares
 
11 a commonality of purpose with the crime victim compensation
 
12 commission.  The department of the attorney general is the State
 
13 of Hawaii's central agency for federal funds received from the
 
14 office of victims of crime.  The crime victim compensation
 
15 commission receives its funding from these federal funds.  
 
16      Further, the department of the attorney general advises the
 
17 commission on its legal matters, and administers, monitors, and
 
18 provides federal funds to county and private agencies which
 
19 assist victims of crime.  
 

 
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 1      A review of 52 states and other United States entities
 
 2 revealed that only four crime victim compensation entities were
 
 3 located in their department of public safety, whereas ten crime
 
 4 victim compensation entities were located in their department of
 
 5 attorney general.  
 
 6      The purpose of this Act is to place the crime victim
 
 7 compensation commission within the department of the attorney
 
 8 general.  This transfer will place the commission both physically
 
 9 and operationally closer to and under an office which shares a
 
10 commonality of purpose.  Consequently, improvements in
 
11 communication, coordination and cooperation will be achieved,
 
12 leading to improved service to victims, and a reduced expenditure
 
13 of state and federal funds.  
 
14      SECTION 2.  Section 26-14.6, Hawaii Revised Statutes, is
 
15 amended by amending subsection (c) to read as follows:
 
16      "(c)  Effective July 1, 1990, the Hawaii paroling authority
 
17 [and the crime victim compensation commision are] is placed
 
18 within the department of public safety for administrative
 
19 purposes only."
 
20      SECTION 3.  Section 351-11, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§351-11  Crime victim compensation commission.  There shall
 
23 be a crime victim compensation commission composed of three
 
24 members appointed and removable in the manner prescribed by
 

 
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 1 section 26-34.  No officer or employee of the State or any county
 
 2 shall be eligible for appointment to the commission.  The
 
 3 commission is placed within the [department of public safety]
 
 4 department of the attorney general for administrative purposes." 
 
 5      SECTION 4.  Section 351-62.5, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  There is established a crime victim compensation
 
 8 special fund from which the commission may make payments as
 
 9 provided in subsection (b).  The fund shall be administered by
 
10 the [director of public safety] attorney general for purposes of
 
11 this chapter.  Interest and investment earnings credited to the
 
12 assets of the fund shall become part of the fund.  Any balance
 
13 remaining in the fund at the end of any fiscal year shall be
 
14 carried forward for the next fiscal year."
 
15      SECTION 5.  Section 351-70, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§351-70  Annual report.  The commission shall transmit
 
18 annually to the governor and to the [director of public safety,]
 
19 attorney general, at least thirty days prior to the convening of
 
20 the legislature, a report of its activities under this chapter
 
21 including a brief description of the facts in each case, and the
 
22 amount, if any, of compensation awarded, and the names of
 
23 attorneys and health care providers where they are the
 

 
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 1 applicants.  The [director of public safety] attorney general
 
 2 shall, within five days after the opening of the legislative
 
 3 session, transmit the report, together with a tabulation of the
 
 4 total amount of compensation awarded during the prior fiscal year
 
 5 and an estimate of the amount that is reasonably estimated to be
 
 6 required for the next fiscal year, and a legislative bill to
 
 7 appropriate funds for the crime victim compensation [special
 
 8 fund] for the next fiscal year.  The commission shall provide
 
 9 upon request of the governor, the [director of public safety,]
 
10 attorney general, or the legislature, the relevant data,
 
11 including the names of all applicants for compensation, under
 
12 this chapter."
 
13      SECTION 6.  All rights, powers, functions, and duties of the
 
14 crime victim compensation commission are transferred to the
 
15 department of the attorney general.
 
16      All officers and employees whose functions are transferred
 
17 by this Act shall be transferred with their functions and shall
 
18 continue to perform their regular duties upon their transfer,
 
19 subject to the state personnel laws and this Act.
 
20      No officer or employee of the State having tenure shall
 
21 suffer any loss of salary, seniority, prior service credit,
 
22 vacation, sick leave, or other employee benefit or privilege as a
 
23 consequence of this Act, and such officer or employee may be
 

 
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 1 transferred or appointed to a civil service position without the
 
 2 necessity of examination; provided that the officer or employee
 
 3 possesses the minimum qualifications for the position to which
 
 4 transferred or appointed; and provided that subsequent changes in
 
 5 status may be made pursuant to applicable civil service and
 
 6 compensation laws.
 
 7      An officer or employee of the State who does not have tenure
 
 8 and who may be transferred or appointed to a civil service
 
 9 position as a consequence of this Act shall become a civil
 
10 service employee without the loss of salary, seniority, prior
 
11 service credit, vacation, sick leave, or other employee benefits
 
12 or privileges and without the necessity of examination; provided
 
13 that such officer or employee possesses the minimum
 
14 qualifications for the position to which transferred or
 
15 appointed.
 
16      In the event that an office or position held by an officer
 
17 or employee having tenure is abolished, the officer or employee
 
18 shall not thereby be separated from public employment, but shall
 
19 remain in the employment of the State with the same pay and
 
20 classification and shall be transferred to some other office or
 
21 position for which the officer or employee is eligible under the
 
22 personnel laws of the State as determined by the head of the
 
23 department or the governor.
 

 
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 1      SECTION 7.  All appropriations, records, equipment,
 
 2 machines,files, supplies, contracts, books, papers, documents,
 
 3 maps, and other personal property heretofore made, used,
 
 4 acquired, or held by the crime victim compensation commission
 
 5 relating to the functions transferred to the department of the
 
 6 attorney general shall be transferred with the functions to which
 
 7 they relate.
 
 8      SECTION 8.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 9.  This Act shall take effect on July 1, 2000.