Report Title:

Halfway Homes; Post-Conviction Offenders; Dept. of Public Safety

Description:

Requires that adult halfway homes for post-conviction offenders be licensed by the department of public safety. Imposes certain requirements for halfway homes. Directs the department of public safety to adopt rules for the licensing of these facilities.

HOUSE OF REPRESENTATIVES

H.B. NO.

507

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to halfway homes.

 

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

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Adult halfway homes and facilities for post-conviction offenders; licensing; rulemaking. (a) The department of public safety shall license adult halfway homes, inmate transitional facilities, and similar adult residential homes and facilities for post-conviction offenders. The director shall adopt rules pursuant to chapter 91 to effectuate the purpose of this section.

(b) As a condition of licensing of adult halfway homes, inmate transitional facilities, and similar adult residential homes and facilities for post-conviction offenders and in addition to any other requirement, the department of public safety may impose, and the department shall require the following of each home and facility:

(1) Protection of the health and safety of persons residing in facilities regulated;

(2) Compliance with all state and county fire and building codes;

(3) Fire insurance; and

(4) Provision of penalties for the failure to comply with any rule.

(c) Each adult halfway home, inmate transitional facility, and similar adult residential home and facility for post-conviction offenders shall also clearly state in writing in any contract to provide services:

(1) The extent of the services to be rendered by the adult halfway home or other facility;

(2) Staff qualifications in accordance with essential standards established by the American Correctional Association. The adult halfway home or other facility shall conduct a state criminal conviction record check on prospective employees through the Hawaii criminal justice data center;

(3) Staffing levels;

(4) The number of face-to-face contacts with inmates;

(5) Procedures for handling indigent inmates that ensure placement irrespective of ability to pay;

(6) Circumstances under which revocation of an inmate's probation may be recommended;

(7) Reporting and recordkeeping requirements;

(8) Default and contract termination procedures; and

(9) Procedures that provide assistance to inmates to secure jobs.

(d) In addition, each adult halfway home, inmate transitional facility, and similar adult residential home and facility for post-conviction offenders shall submit a quarterly report to the department of public safety summarizing:

(1) The number of inmates supervised; and

(2) The number of inmates for whom supervision or rehabilitation will be terminated.

(e) The department may provide for the training of and consultations with operators and staff of any facility licensed under this section, in conjunction with any licensing thereof, and shall adopt rules to ensure that adult halfway home operators have the needed skills to provide proper care and supervision in a home environment as required under department rules.

(f) The department shall maintain an inventory of all facilities licensed under this section and shall maintain a current inventory of vacancies therein to facilitate the placement of individuals in such facilities.

(g) Any fines collected by the department for violations of this section shall be deposited into the general fund."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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