HB1799.DOC

SECTION 1. The legislature finds that by June 30, 2007, there were approximately two thousand registered adult sex offenders in the State of Hawaii, of which six hundred sixty-five were under the jurisdiction of the department of public safety and four hundred seventy under community supervision. In addition, there were over one hundred twenty-five youths identified as sexual offenders. Because of the intensely personal nature of sex offenses, as well as the secrecy and manipulation that characterizes the dynamics of sexual abuse, such crimes tend to remain underreported and largely undetected. Nationally, it is estimated that only one in ten sexual assault victims report their abuse to authorities. As most sexual offenses remain unreported, it is difficult to tell whether sexual crimes are increasing. The National Crime Victimization Survey reported a twenty five percent increase in victimizations of rape and sexual assault from 1996 to 1999.

While the term "sex offender" implies that all sex offenders are similar, they are a heterogeneous group with diverse victim preferences, psychological deficits, and criminogenic needs and pose varying risks to the community. Given the profound impact sexual abuse has on victims, the importance of preventing further sexual offending cannot be overemphasized. Over recent years, the value of developing a more coordinated and integrated approach to sex offender management has been recognized. This comprehensive approach acknowledges the complex nature of sex offending and the components necessary to effect offender accountability, rehabilitation, victim and community safety throughout all phases of the criminal justice system.

The purpose of this Act is to establish a sex offender management board to implement a systemwide comprehensive approach to sex offender management.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

SEX OFFENDER MANAGEMENT BOARD

PART I. GENERAL PROVISIONS

§ -1 Title. This chapter shall be known and may be cited as the Sex Offender Management Board Act.

§ -2 Definitions. When used in this chapter:

"Aggravated sex offender" means:

(1) A person convicted of an "aggravated sexual offense" as defined in section 846E-1; or

(2) A person who is charged with an "aggravated sexual offense" as defined by section 846E-1 and is found unfit to proceed and is released into the community or acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community.

"Assessment" means an evaluation of a person's mental, social, and motivational capabilities to better determine a person's need for treatment and risk to the community.

"Board" means the sex offender management board created in this chapter.

"Management" means a comprehensive and collaborative team approach to regulating, controlling, monitoring, and otherwise influencing the current and, insofar as is possible, the future behavior of sex offenders who are living in the community and are directly under the authority of the criminal justice system or of another governmental agency performing similar functions. The overriding purpose of management of sex offenders is to enhance community safety by preventing future sexual victimization. Management includes supervision and specialized treatment as well as a variety of other interventions.

"Sex offender" means:

(1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of a "sexual offense" as defined by section 846E-1; or

(2) A person who is or has been charged at any time, whether before or after May 9, 1995, with a "sexual offense" and is or has been found unfit to proceed and is or has been released into the community or who is acquitted due to physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community.

"Supervision":

(1) Means a specialized approach to the process of overseeing, insofar as authority to do so is granted to the supervising agency, all significant aspects of the lives of sex offenders; and

(2) Includes traditional methods as well as techniques and tools specifically designed to respond to the risks to community safety raised by sex offenders.

Supervision is one component of sex offender management.

"Treatment" means a set of specialized interventions delivered by qualified mental health professionals and designated to address the multiple psychological and physiological factors found to be associated with sexual offending.

"Youth who commit a sexual offense" means a person who:

(1) While under the age of eighteen years of age has been adjudicated for conduct that would constitute a "sexual offense" as defined by section 846E-1 if committed by an adult; and

(2) Is under the jurisdiction of family court.

A youth covered under paragraph (1) may be subject to the jurisdiction of the family court past the age of eighteen.

PART II. COMPREHENSIVE SEX OFFENDER MANAGEMENT PROGRAM

§ -21 Sex offender management board established. (a) There is established a sex offender management board, which shall consist of fourteen members.

(b) The board shall be attached administratively to the department of public safety.

(d) The membership of the board shall reflect, to the extent possible, representation of all counties. Each appointee to the board, shall be appointed by the governor, and shall have the following characteristics:

(1) Substantial prior knowledge of issues related to sex offenders, at least insofar as related to an agency's own practices;

(2) Decision making authority for, or direct access to those who have decision making authority for, the agency or constituency he or she represents; and

(3) A willingness to serve on the board and a commitment to contribute to the board's work.

(e) The membership of the board shall consist of the following:

(1) State government agencies:

(A) The attorney general or a designee who shall be an authority in policy areas pertaining to sex offenders;

(B) The director of public safety or a designee;

(D) The administrative director of the courts or a designee;

(E) The director of human services or a designee;

(F) The director of health or a designee;

(G) The superintendent of education or a designee;

(H) One circuit court judge to be appointed by the chief justice; and

(I) One family court judge to be appointed by the chief justice.

(2) County government agencies: the chief of police or a designee.

(3) Nongovernmental agencies:

(A) Two members who are recognized experts in the field of sexual assault and represent sexual assault victims, both adults and children, and rape crisis centers, appointed by the governor;

(B) One member who is licensed mental health professional with recognized experience in working with sex offenders and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for adult sex offenders, recommended by the board and appointed by the governor;

(C) One member who is licensed mental health professional with recognized experience in working with youth who commit sexual offenses and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for youth who commit sexual offenses, recommended by the board and appointed by the governor; and

(D) One member from the Hawaii Council of Churches.

(f) All members of the board shall be legal residents of the State.

(g) The board shall appoint a chair from among the members appointed pursuant to subsection (e). The chair shall serve in that capacity at the pleasure of the board.

(h) The members of the board shall each serve a term of four years and may be reappointed in accordance with section 26-34.

(i) Any member of the board who is appointed or designated pursuant to subsection (e) shall serve at the pleasure of the governor.

(j) Each member of the board who is appointed pursuant to this section shall serve without compensation.

(k) If a board member is unable to adequately perform the duties or is unable to attend more than three meetings in a single twelve-month period, the member is subject to removal in accordance with section 92-15.5.

(l) The board shall hold meetings at times and for periods as the board deems necessary to accomplish its goals and objectives, and shall meet at least eight times a year.

(m) The travel costs associated with membership and performance of official duties on the board shall be reimbursed by the department of public safety from appropriations provided by the legislature.

(n) The board may adopt rules under chapter 91 as necessary to carry out the duties of the board.

(o) The majority of the board constitutes a quorum for the transaction of business.

(p) Any vacancies on the board occurring as a result of the removal, term expiration, or resignation of a member shall be filled by the governor within thirty days of the vacancy.

(q) The board may create, at its discretion, subcommittees or task forces to address specific issues. These may include board members as well as invited experts and other stakeholders or participants.

(r) The board may adopt rules pursuant to chapter 91 as are necessary to carry out the duties of the board.

(s) The board shall hire a program manager and coordinator who has relevant experiences in policy research. The board may hire other staff as funding permits.

(t) All staff support services for the board shall be provided by the department of public safety.

(u) The board and individual members thereof shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board as specified in this part.

§ -22 Sex offender management board; duties and responsibilities. The main objective of the board, which shall be to prioritize resources and use of time to achieve safer communities by reducing sexual victimization. To that end, the board shall do the following:

(1) Develop and implement guidelines and standards for the evaluation, treatment, and supervision of adult sex offenders and youth who commit sexual offenses. These guidelines and standards shall focus on preventing harm to victims and potential victims while holding offenders accountable for their behaviors;

(2) Develop and implement a unified and cohesive process of offender assessment that addresses both the risk and needs of adult sex offenders and youth who commit sexual offenses;

(3) Develop a process for program assessment for the purposes of quality assurance. The board shall research and analyze the effectiveness of program services provided within correctional and juvenile facilities and in the community;

(4) Research and analyze the effectiveness of the guidelines and standards developed pursuant of this article;

(5) Develop recommendations to improve management practices for adult sex offenders and youth who commit a sexual offense. Recommendations shall address all significant aspects of community management including supervision, treatment, housing, transition to the community, interagency coordination, and the practices of other entities that directly or indirectly affect the community management of sex offenders and public safety; and

(6) The board shall conduct public hearings, as it deems necessary, to provide opportunities for gathering information and receiving input regarding the work of the board from concerned stakeholders and the public.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for the fiscal year 2009-2010 and the sum of $ or so much thereof as may be necessary for fiscal year 2010-2011 for the implementation of the board and to carry out its duties and responsibilities.

The sums appropriated in this section shall be expended by the department of public safety for the purposes of this part.

SECTION 4. This Act shall take effect on July 1, 2009.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1799
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII