THE SENATE	S.B. NO.	1181
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMITTED PERSONS ON FURLOUGH.

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

     SECTION 1.  Section 353-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The director or a designated agent may grant furloughs to committed persons with a minimum or lower security classification in any correctional facility of the department for the purpose of employment, social reorientation, education, or training, or any other valid purpose as determined by the director.  Special out-of-state furloughs may be granted to those already otherwise furloughed, at no cost to the State, when death or critical illness or injury to the committed person's immediate family including a reciprocal beneficiary, occurs.  Any committed person who is engaged in private employment, by contract or otherwise, not under the immediate custody of the State shall not be considered an agent or employee of the State.  Any moneys earned from employment by such person shall be used to satisfy [a restitution order and to reimburse the State for the cost of room and board.] the following obligations in the priority listed:

(1) Child support orders, to be paid at a rate of thirty per cent of the net monthly earnings, or the amount ordered, whichever is less;

(2) Restitution, the crime victim compensation fee, other fees and fines ordered, to be paid in the priority listed, at a rate of twenty-five per cent of the net monthly earnings; and

(3) Reimbursement to the State for the cost of room and board at a rate established by the director.

"Net income" means a committed person's gross income less applicable federal and state income tax withholdings.  If any earned moneys remain after these expenses have been paid, that amount shall be held in an individual account for the committed person.

     When an inmate is granted a special out-of-state furlough, the director shall inform the authorities of the state to which the inmate is to be furloughed of the inmate's arrival."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act, upon its approval, shall take effect on July 1, 2013.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Committed Persons on Furloughs

Description:

Adds child support payments as obligations for inmates on furlough who are employed and delineates percentage of earnings that shall be deducted to satisfy outstanding orders regarding restitution, crime victim compensation, other fees and fines, and child support and reimbursement to the State for the cost of room and board.

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