RESOLUTION

WHEREAS, victims of crime are traumatized by having suffered victimization and living with the personal terror and uncertainty that results; and

WHEREAS, being uninformed and unprepared for the release, appearance, or confrontation by the perpetrator can be a significant setback in a victim's recovery and can be avoided; and

WHEREAS, chapter 801D, Hawaii Revised Statutes, provides certain rights for crime victims, particularly with respect to notification of major events in a prosecution; and

WHEREAS, responsibility for performing the notifications required by chapter 801D, Hawaii Revised Statutes, is not allocated to one particular agency and no funding has been secured to establish a single notification system for all agencies to use; and

WHEREAS, coordinated efforts by multiple agencies and entities in nineteen other states have created victim notification systems that protect survivors and their families from violence, empower victims, and help restore a sense of control in their lives; and

WHEREAS, House Bill No. 2042 would have established a statewide automated victim notification system to provide victims of crime with current information regarding the custody status of the defendant in the victim's case but was deferred by the House Committee on Judiciary due to a variety of concerns expressed by those who testified; and

WHEREAS, the Department of the Prosecuting Attorney for the City and County of Honolulu currently participates through a series of cooperative agreements with the Department of Public Safety in the process of notifying victims of changes in the custody status of inmates whose victims have submitted a written request for notification; and

WHEREAS, the process does function to fulfill the purposes of chapter 801D, Hawaii Revised Statutes, but is at times inefficient and complex so an effort to improve this process, including a pilot project for an automated victim notification system, has been ongoing for nearly ten years; and

WHEREAS, in cooperation with the Department of the Attorney General, the Honolulu Prosecutor has designated funds, received through the Victims of Crime Act, for the purpose of initiating an automated victim notification system; and

WHEREAS, the currently proposed project, which is projected to be put out for procurement later this year, will include prison custody status statewide, as well as notification of "major events" in the criminal prosecution process for all felonies; and

WHEREAS, the proposed project includes federal Victims of Crime Act funds set aside for the initial development and first year maintenance costs of the notification system; and

WHEREAS, the cost for the first year of operation, based on estimates provided by a national vendor for automated victim notification systems, is approximately $140,000; and

WHEREAS, the continuing availability of funding to underwrite the cost of the system is uncertain; and

WHEREAS, the counties receive no funding specific to administrative aspects of the notification process and Victims of Crime Act funds can only be used to fund direct services to crime victims, not administrative costs; and

WHEREAS, the cooperation and commitment of the Department of Public Safety is essential to the success of an automated victim notification system because of its correctional and parole functions, it is an entity that is operationally focused on the needs and rights of criminals not victims, and is, therefore, not the appropriate agency to take the lead in the development of an automated victim notification system; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that a task force be created to develop a plan for operating and funding an automated victim identification system; and

BE IT FURTHER RESOLVED that the task force be chaired by the Attorney General and consist of the following members:

BE IT FURTHER RESOLVED that the task force is requested to consider which agency is best situated to take the lead in developing and operating an automated victim notification system and how development and operation should be funded, including appropriations and grants, and assessments against defendants; and

BE IT FURTHER RESOLVED that the task force is requested to report its findings and recommendations, including any proposed legislation, to the Legislature not later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Speaker of the House of Representatives, the President of the Senate, the mayor of each county, and each member of the task force identified in this Concurrent Resolution.

Report Title:

Crime Victims; Automated Notification System