SB723

Report Title:

Probation Officers; Information on Offenders

Description:

Allows family court and adult probation officers to provide information to a victim, victim's advocate, and immediate members of the victim's family about violations of any term or condition of probation and the location of the probationer; provides immunity to probation officers for release of information.

THE SENATE	S.B. NO.	723
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROBATION.

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

SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§571- Release of information on probationer; immunity. (a) Notwithstanding any law to the contrary, a probation officer appointed under section 571-6 may provide information specified in subsection (b) in a case with an adverse disposition under section 571-41, to:

(1) The victim;

(2) An immediate surviving family member of the victim if the victim's death was caused by a child; or

(3) A victim advocate acting under authority of the victim or the surviving family member;

(b) The following information may be provided under subsection (a):

(1) Name and residence address of the child;

(2) Employment address of the child;

(3) Name and address of the training or educational program attended by the child; and

(4) Violation of any term or condition of probation.

(c) A probation officer providing information under this section, shall not be subject to civil liability or criminal culpability for any disclosure, if the probation officer acts in good faith and upon reasonable belief."

SECTION 2. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§806- Release of information on probationer; immunity. (a) Notwithstanding any law to the contrary, a probation officer acting under section 806-73 after a conviction and sentence, may provide information specified in subsection (b) on the defendant to:

(1) The victim;

(2) An immediate surviving family member of the victim if the victim's death was caused by the defendant; or

(3) A victim advocate acting under authority of the victim or the surviving family member.

(b) The following information may be provided under subsection (a):

(1) Name and residence address of the defendant;

(2) Employment address of the defendant;

(3) Name and address of the training or educational program attended by the defendant; and

(4) Violation of a term or condition of probation.

SECTION 3. Section 571-84, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) [No] Except as provided in section 871- , no information obtained or social records prepared in the discharge of official duty by an employee of the court shall be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive the information, unless and until otherwise ordered by the judge."

SECTION 4. Section 806-73, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [~~All~~] Except for purposes of section 806- , all records of the Hawaii state adult probation divisions shall be confidential and shall not be deemed to be public records. As used in this section, the term "records" includes but is not limited to all records made by any adult probation officer in the course of performing the probation officer's official duties; provided that the records, or the content of the records, shall be divulged only as follows:

(1) A copy of any adult probation division case record or of a portion of it, or the case record itself, upon request, may be provided to an adult probation officer of a Hawaii state adult probation division, a family court officer who is preparing a report for the courts, or a state or federal criminal justice agency that:

(A) Is providing supervision of a defendant or offender convicted and sentenced by the courts of Hawaii; or

(B) Is responsible for the preparation of a report for a court;

(2) The contents of any adult probation division case record relating to the residence address, work address, home telephone number, or work telephone number of a probationer shall be provided only to a law enforcement officer as defined in section 710-1000(13) to locate the probationer for the purpose of serving a summons or bench warrant in a civil, criminal, or deportation hearing, or for the purpose of a criminal investigation; and

(3) A copy of a presentence report or investigative report shall be provided only to:

(A) The persons or entities named in section 706-604;

(B) The Hawaii paroling authority;

(C) Any psychiatrist, psychologist, or other treatment practitioner who is treating the defendant pursuant to a court order or parole order for that treatment;

(D) The intake service centers;

(E) In accordance with applicable law, persons or entities doing research; and

(F) Any Hawaii state adult probation officer or adult probation officer of another state or federal jurisdiction who:

(i) Is engaged in the supervision of a defendant or offender convicted and sentenced in the courts of Hawaii; or

(ii) Is engaged in the preparation of a report for a court regarding a defendant or offender convicted and sentenced in the courts of Hawaii."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________