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THE SENATE |
S.B. NO. |
1183 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INTAKE SERVICE CENTERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 353-10, Hawaii Revised Statutes, is amended to read as follows:
"§353-10 Intake service centers. (a) There shall be within the department of public safety, an intake service center for adults in each of the counties, to screen, evaluate, and classify the admission of persons to community correctional centers. Each center shall be directed and managed by a manager and shall be staffed by a team of psychiatrists, social workers, technicians, and other personnel as may be necessary. The director of public safety may appoint full-time or part-time professional and clerical staff or contract for professional services.
(b) The centers shall:
(1) Provide orientation, guidance, and technical services;
(2) Provide social-medical-psychiatric-psychological diagnostic evaluation;
(3) [[](A)[]] Provide pretrial
assessments on adult offenders that are consented to by the defendant or that
are ordered by the court; and
[[](B)[]]Conduct internal pretrial
risk assessments on adult offenders within three working days of admission to a
community correctional center which shall then be provided to the court for its
consideration; provided that this paragraph shall not apply to persons subject
to county or state detainers, holds, or persons detained without bail, persons
detained for probation violation, persons facing revocation of bail or
supervised release, and persons who have had a pretrial risk assessment
completed prior to admission to a community correctional center. For purposes
of this [[]subparagraph[]], "pretrial risk assessment"
means an objective, research-based, validated assessment tool that measures a
defendant's risk of flight and risk of criminal conduct while on pretrial
release pending adjudication;
[(4) Assist in the conduct of presentence
assessments on adult offenders and the preparation of presentence reports when
requested by the courts;]
[(5)] (4) Provide
correctional prescription program planning and security classification;
[(6)] (5) Provide other personal and
correctional services as needed for both detained and committed persons; and
[(7)] (6) Monitor and record the
progress of persons assigned to correctional facilities who undergo further
treatment or who participate in prescribed correctional programs; [and]
[[(8)]] (7) Provide continuing supervision
and control of persons ordered to be placed on pretrial supervision by the
court and persons ordered by the director[.]; and
(8) Provide pretrial bail reports to the courts on adult offenders that are consented to by the defendant or that are ordered by the court. The pretrial bail reports shall be confidential and shall not be deemed to be public records. A copy of a pretrial bail report shall be provided only to:
(A) The defendant or defendant's counsel;
(B) The prosecuting attorney;
(C) The department of public safety;
(D) Any psychiatrist, psychologist, or other treatment
practitioner who is treating the defendant pursuant to a court order;
(E) Upon request, the adult client services branch; and
(F) In accordance with applicable laws, persons or entities doing research."
SECTION 2. Statutory material to be requested is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act, upon its approval, shall take effect on July 1, 2013.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Intake Service Centers
Description:
Provides pretrial bail reports to the courts on adult offenders that are consented to by the defendant or that are ordered by the court and amends the law to provide statutory authority to the courts to treat information contained in the pretrial bail reports as confidential.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.