REPORT TITLE:
Parole Admin. Div. Transfer


DESCRIPTION:
Transfers the rights, powers, functions, and duties of personnel
assigned to the parole administration division of the Hawaii
paroling authority to the department of public safety.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           602
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SAFETY.



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

 1      SECTION 1.  The legislature finds that transferring adult
 
 2 parole supervision and counseling from the Hawaii paroling
 
 3 authority to the department of public safety will smooth the
 
 4 transition of criminal offenders who are leaving the highly
 
 5 structured environment of the prison system and reentering
 
 6 society.  To date, thirty-nine other states have already
 
 7 discovered that the day-to-day mechanics of operating and
 
 8 maintaining programs to monitor and support paroled offenders
 
 9 outside of prison is a task most efficiently and effectively
 
10 performed by the prison system and not a separate paroling
 
11 authority.  Consistency of program coordination is one of the
 
12 benefits to this structure.  For example, to lower the recidivism
 
13 rate for substance abusers (who make up eighty to eighty-five per
 
14 cent of the State's current prison population), paroled offenders
 
15 require consistent follow-up after their release from prison.
 
16 Coordinating intensive substance abuse treatment programs in
 
17 prison with monitoring and support programs outside of prison,
 
18 with all such activities being housed in the department of public
 
19 safety, will provide parolees with a clear understanding of what
 

 
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 1 is expected of them and what the consequences will be if they
 
 2 fail to meet these expectations.
 
 3      Transferring adult parole supervision and counseling (PSD
 
 4 612) to the department of public safety will also allow the
 
 5 Hawaii paroling authority to focus all of its energies and
 
 6 resources on determining who is fit for parole and who is not,
 
 7 which is the program objective of PSD 611:  adult parole
 
 8 determination.  It would also allow the department of public
 
 9 safety to focus more of its energies and resources on the
 
10 supervision and aiding of parolees and furloughed prisoners.
 
11      Consequently, the purpose of this Act is to transfer the
 
12 rights, powers, functions, and duties of personnel assigned to
 
13 the parole administration division of the Hawaii paroling
 
14 authority, excluding the secretary to the authority (position no.
 
15 5949), to the department of public safety.
 
16      SECTION 2.  Section 26-14.6, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§26-14.6  Department of public safety.(a)  The department
 
19 of public safety shall be headed by a single executive to be
 
20 known as the director of public safety.
 
21      (b)  The department of public safety shall be responsible
 
22 for the formulation and implementation of state policies and
 

 
 
 
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 1 objectives for correctional, adult parole supervision and
 
 2 counseling, security, law enforcement, and public safety programs
 
 3 and functions, for the administration and maintenance of all
 
 4 public or private correctional facilities and services, for the
 
 5 service of process, and for the security of state buildings.
 
 6      (c)  Effective July 1, 1990, the Hawaii paroling authority
 
 7 and the crime victim compensation commission are placed within
 
 8 the department of public safety for administrative purposes only.
 
 9      (d)  Effective July 1, 1990, the functions and authority
 
10 heretofore exercised by:
 
11      (1)  The department of corrections relating to adult
 
12           corrections and the intake service centers;
 
13      (2)  The judiciary relating to the sheriff's office and
 
14           judiciary security personnel; and
 
15      (3)  The department of the attorney general relating to
 
16           state law enforcement officers and narcotics
 
17           enforcement investigators with the narcotics
 
18           enforcement division,
 
19 shall be transferred to the department of public safety.
 
20      (e)  Effective July 1, 1990, the functions and authority
 
21 heretofore exercised by the department of health pursuant to
 
22 chapters 329 and 329C, with the exception of sections 329-2,
 

 
 
 
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 1 329-3, and 329-4(3) to (8), shall be transferred to the
 
 2 department of public safety.
 
 3      (f)  Effective July 1, 1990, the functions, authority, and
 
 4 obligations, together with the limitations imposed thereon and
 
 5 the privileges and immunities conferred thereby, exercised by a
 
 6 "sheriff", "sheriffs", a "sheriff's deputy", "sheriff's
 
 7 deputies", a "deputy sheriff", "deputy sheriffs", or a "deputy",
 
 8 under sections 21-8, 47-18, 88-51, 105-4, 134-11, 134-51,
 
 9 183D-11, 187A-14, 201G-55, 201G-74, 231-25, 281-108, 281-111,
 
10 286-52, 286-52.5, 321-1, 322-6, 325-9, 325-80, 353-11, 383-71,
 
11 438-5, 445-37, 482E-4, 485-6, 501-42, 501-171, 501-218, 521-78,
 
12 578-4, 584-6, 587-33, 603-29, 604-6.2, 606-14, 607-2, 607-4,
 
13 607-8, 633-8, 634-11, 634-12, 634-21, 634-22, 651-33, 651-37,
 
14 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21, 803-23,
 
15 803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23
 
16 shall be exercised to the same extent by the department of public
 
17 safety.
 
18      (g)  Effective January 1, 1993, the functions and authority
 
19 heretofore exercised by the attorney general and the department
 
20 of the attorney general relating to the executive security
 
21 officers shall be transferred to the department of public safety.
 
22      (h)  Effective January 1, 1993, the functions and authority
 

 
 
 
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 1 heretofore exercised by the superintendent of education and the
 
 2 department of education relating to after hours security
 
 3 contracts at its facilities, including the security functions
 
 4 being performed by employees of the public library system as well
 
 5 as the contractual security services for the libraries, shall be
 
 6 transferred to the department of public safety.
 
 7      (i)  Effective January 1, 1993, the functions and authority
 
 8 heretofore exercised by the director of health and the department
 
 9 of health relating to uniformed security employees and security
 
10 contracts at various state hospitals throughout the State shall
 
11 be transferred to the department of public safety.
 
12      (j)  Effective January 1, 1993, the functions and authority
 
13 heretofore exercised by the director of human services and the
 
14 department of human services relating to contractual security
 
15 guard services shall be transferred to the department of public
 
16 safety.
 
17      (k)  Effective July 1, 1994, the functions and authority
 
18 heretofore exercised by the adjutant general relating to security
 
19 for national guard and state civil defense facilities in the
 
20 Diamond Head complex, for after work hours, shall be transferred
 
21 to the department of public safety.
 
22      (l)  Effective July 1, 1999, the functions and authority
 

 
 
 
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 1 heretofore exercised by the Hawaii paroling authority relating to
 
 2 adult parole supervision and counseling shall be transferred to
 
 3 the department of public safety."
 
 4      SECTION 3.  Section 353-62, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  In addition to any other responsibility or duty
 
 7 prescribed by law for the Hawaii paroling authority, the paroling
 
 8 authority shall:
 
 9      (1)  Serve as the central paroling authority for the State;
 
10      (2)  In selecting individuals for parole, consider for
 
11           parole all committed persons, except in cases where the
 
12           penalty of life imprisonment not subject to parole has
 
13           been imposed, regardless of the nature of the offense
 
14           committed;
 
15      (3)  Determine the time at which parole shall be granted to
 
16           any eligible individual as that time at which maximum
 
17           benefits of the correctional institutions to the
 
18           individual have been reached and the element of risk to
 
19           the community is minimal;
 
20      (4)  Establish rules of operation to determine conditions of
 
21           parole applicable to any individual granted parole;
 
22     [(5)  Provide continuing custody, control, and supervision of
 

 
 
 
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 1           paroled individuals;
 
 2      (6)] (5)  Revoke or suspend parole and provide for the
 
 3           authorization of return to a correctional institution
 
 4           for any individual who violates parole or any condition
 
 5           of parole when, in the opinion of the Hawaii paroling
 
 6           authority, the violation presents a risk to community
 
 7           safety or a significant deviation from any condition of
 
 8           parole;
 
 9     [(7)] (6)  Discharge an individual from parole when
 
10           supervision is no longer needed;
 
11     [(8)] (7)  Interpret the parole program to the public in
 
12           order to develop a broad base of public understanding
 
13           and support; and
 
14     [(9)] (8)  Recommend to the legislature sound parole
 
15           legislation and recommend to the governor sound parole
 
16           administration."
 
17      SECTION 4.  Section 353-63.5, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§353-63.5[]]  Intermediate sanctions; eligibility;
 
20 criteria and conditions.(a)  The Hawaii paroling authority
 
21 shall implement alternative programs that place, control,
 
22 supervise, and treat selected parolees in lieu of
 
23 incarceration[.] , and the authority may require, as a condition
 
24 or as an amended condition of parole, participation in an
 
25 alternative program or programs.
 

 
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 1      [(b)  The authority may impose participation in alternative
 
 2 programs as a condition of parole or as an amended condition of
 
 3 parole.
 
 4      (c)] (b)  As used in this section, "alternative programs"
 
 5 mean programs which, from time to time, are created and funded by
 
 6 legislative appropriation or federal grant naming [the Hawaii
 
 7 paroling authority or] the department of public safety [on behalf
 
 8 of the Hawaii paroling authority as the expending agency] and
 
 9 which are intended to provide an alternative to incarceration.
 
10 Alternative programs may include:
 
11      (1)  Home detention, curfew using electronic monitoring and
 
12           surveillance, or both;
 
13      (2)  Intensive supervision, residential supervision,
 
14           work-furlough, and structured educational or vocational
 
15           programs;
 
16      (3)  Therapeutic residential and nonresidential programs;
 
17           and
 
18      (4)  Similar programs created and designated as alternative
 
19           programs by the legislature, the chairperson of the
 
20           Hawaii paroling authority, or the director of public
 

 
 
 
 
 
 
 
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 1           safety for parolees who do not pose significant risks
 
 2           to the community."
 
 3      SECTION 5.  Section 353-71, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§353-71  Parole officer and assistant parole officers.  The
 
 6 [Hawaii paroling authority] director of public safety may appoint
 
 7 and remove at pleasure a parole officer and assistant parole
 
 8 officers as may be necessary, who shall receive such compensation
 
 9 as shall be provided by law.  The duties of the parole officer
 
10 shall be as follows:
 
11      (1)  To keep a record of all paroled prisoners; to add from
 
12           time to time thereafter information concerning the
 
13           employment and wages of each paroled prisoner, together
 
14           with the name of the paroled prisoner's employer and
 
15           such details concerning the paroled prisoner's health,
 
16           conduct, and environment as may come to the attention
 
17           of the parole officer either from reports made to the
 
18           parole officer or through the parole officer's own
 
19           personal investigation;
 
20      (2)  To receive reports from paroled prisoners as may be
 
21           required by the rules [and regulations] of the paroling
 
22           authority and to check such reports by personal
 

 
 
 
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 1           investigations and by conferences with the employers of
 
 2           such prisoners and such other persons as can give
 
 3           information concerning the habits, work, and
 
 4           environment of such prisoners;
 
 5      (3)  To investigate and keep informed upon the habits, work,
 
 6           wages, and environment of such prisoners, if any there
 
 7           be, as are not required to report to the parole
 
 8           officer;
 
 9      (4)  To make such other investigations, secure such other
 
10           information and data, perform such other duties and
 
11           make such other reports, in addition to those which may
 
12           be required by law, as may be required by the [paroling
 
13           authority;] director of public safety;
 
14      (5)  To make a report once in each month to the [paroling
 
15           authority,] director of public safety, together with
 
16           such additional reports as the circumstances call for,
 
17           concerning the prisoners on parole and their conduct
 
18           and environment; and 
 
19      (6)  As far as practicable, to assist in obtaining suitable
 
20           employment for paroled prisoners and otherwise assist
 
21           in rehabilitation of such parole prisoners.
 
22      Each assistant parole officer shall have such of the powers
 

 
 
 
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 1 and duties of the parole officer hereinabove provided for as
 
 2 shall be prescribed by the [paroling authority.] director of
 
 3 public safety.
 
 4      The director of public safety shall ensure that reports
 
 5 required by this section are transmitted on a timely basis to the
 
 6 Hawaii paroling authority."
 
 7      SECTION 6.  Section 353C-2, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§353C-2 Director of public safety; powers and duties.  The
 
10 director of public safety shall administer the public safety
 
11 programs of the department of public safety and shall be
 
12 responsible for the formulation and implementation of state goals
 
13 and objectives for correctional, adult parole supervision and
 
14 counseling, and law enforcement programs, including ensuring that
 
15 correctional facilities and correctional services meet the
 
16 present and future needs of persons committed to the correctional
 
17 facilities.  In the administration of these programs, the
 
18 director may:
 
19      (1)  Preserve the public peace, prevent crime, detect and
 
20           arrest offenders against the law, protect the rights of
 
21           persons and property, and enforce and prevent violation
 
22           of all laws and administrative rules of the State as
 

 
 
 
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 1           the director deems to be necessary or desirable or upon
 
 2           request, to assist other state officers or agencies
 
 3           that have primary administrative responsibility over
 
 4           specific subject matters or programs;
 
 5      (2)  Train, equip, maintain, and supervise the force of
 
 6           public safety officers, including law enforcement
 
 7           [and], correctional, and adult parole supervision and
 
 8           counseling personnel, and other employees of the
 
 9           department;
 
10      (3)  Serve process both in civil and criminal proceedings;
 
11      (4)  Perform other duties as may be required by law;
 
12      (5)  Adopt, pursuant to chapter 91, rules that are necessary
 
13           or desirable for the administration of public safety
 
14           programs; and
 
15      (6)  Enter into contracts in behalf of the department and
 
16           take all actions deemed necessary and appropriate for
 
17           the proper and efficient administration of the
 
18           department."
 
19      SECTION 7.  Section 353C-5, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§353C-5  Criminal history record checks.  (a)  The
 
22 department shall develop standards to assure the reputable and
 

 
 
 
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 1 responsible characters of staff members of its correctional
 
 2 facilities which shall include but not be limited to criminal
 
 3 history record checks.  For the purposes of this section, "staff
 
 4 member" means any employee of the department of public safety who
 
 5 is directly involved with the treatment and care of persons
 
 6 committed to or paroled from a facility or who possesses police
 
 7 powers including the power of arrest, and "prospective staff
 
 8 member" means any applicant for a job in the department of public
 
 9 safety that is directly involved with the treatment and care of
 
10 persons committed to or paroled from a facility or that requires
 
11 the exercise of police powers including the power to arrest in
 
12 the performance of its duties.
 
13      (b)  Every staff member and prospective staff member shall
 
14 submit a statement under penalty of unsworn falsification to
 
15 authorities indicating whether the staff member or prospective
 
16 staff member was ever convicted of a crime other than a minor
 
17 traffic violation involving a fine of [fifty dollars or less] not
 
18 more than $50 and providing consent to the department to conduct
 
19 a criminal history record check and to obtain other criminal
 
20 history record information for verification.  The staff member
 
21 shall be fingerprinted for the purpose of complying with the
 
22 criminal history record check.  The prospective staff member
 

 
 
 
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 1 shall be fingerprinted and the criminal history record check
 
 2 shall be completed prior to beginning employment.
 
 3      The department shall obtain criminal history record
 
 4 information through the Hawaii criminal justice data center on
 
 5 all staff and prospective staff members of the department of
 
 6 public safety.  The Hawaii criminal justice data center may
 
 7 assess prospective staff members a reasonable fee for each
 
 8 criminal history record check conducted.  The information
 
 9 obtained shall be used exclusively for the stated purpose for
 
10 which it was obtained, and shall be subject to such federal laws
 
11 and federal regulations as may be now or hereafter adopted.
 
12      The department may deny employment to a prospective staff
 
13 member who was convicted of a crime other than a minor traffic
 
14 violation involving a fine of [fifty dollars or less] not more
 
15 than $50 and if the department finds from the prospective staff
 
16 member's criminal history record that the prospective staff
 
17 member poses a risk to the health, safety, security, or
 
18 well-being of inmates under supervision and confinement, paroled
 
19 prisoners, other staff, or the public at large.
 
20      (c)  Staff members shall not be subject to termination based
 
21 on findings in their criminal records except for those whose
 
22 conviction of a crime occurred after May 8, 1989, or under
 

 
 
 
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 1 circumstances in which a staff member is [[]a[]] fugitive from
 
 2 justice.  The convictions of staff members subject to termination
 
 3 must be for crimes other than a minor traffic violation involving
 
 4 a fine of [fifty dollars or less,] not more than $50, and the
 
 5 staff member must pose a risk to the health, safety, security, or
 
 6 well-being of inmates under supervision and confinement, paroled
 
 7 prisoners, other staff, or the public at large."
 
 8      SECTION 8.  All rights, powers, functions, and duties of
 
 9 personnel assigned to the parole administration division of the
 
10 Hawaii paroling authority, excluding the secretary to the
 
11 authority (position no. 5949), are transferred to the department
 
12 of public safety.
 
13      All officers and employees whose functions are transferred
 
14 by this Act shall be transferred with their functions and shall
 
15 continue to perform their regular duties upon their transfer,
 
16 subject to the state personnel laws and this Act.
 
17      No officer or employee of the State having tenure shall
 
18 suffer any loss of salary, seniority, prior service credit,
 
19 vacation, sick leave, or other employee benefit or privilege as a
 
20 consequence of this Act, and such officer or employee may be
 
21 transferred or appointed to a civil service position without the
 
22 necessity of examination; provided that the officer or employee
 

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

 
 
 
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 1 machines, files, supplies, contracts, books, papers, documents,
 
 2 maps, and other personal property heretofore made, used,
 
 3 acquired, or held by personnel assigned to the parole
 
 4 administration division of the Hawaii paroling authority,
 
 5 excluding the secretary to the authority (position no. 5949),
 
 6 which relate to the functions transferred to the department of
 
 7 public safety, shall be transferred with the functions to which
 
 8 they relate.
 
 9      SECTION 10.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 11.  This Act shall take effect on July 1, 1999.