THE SENATE

S.B. NO.

1183

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

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;

    [(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:

         (A)  To the defendant or defendant's counsel;

         (B)  To the prosecuting attorney;

         (C)  To the department of public safety;

         (D)  To any psychiatrist, psychologist, or other treatment practitioner who is treating the defendant pursuant to a court order;

         (E)  Upon request, to the adult client services branch; and

         (F)  In accordance with applicable laws, persons, or entities doing research."

     SECTION 2.  Act 139, Session Laws of Hawaii 2012, is amended by amending section 14 to read as follows:

     "SECTION 14.  This Act shall take effect on July 1, 2012; provided that:

     (1)  Section 3 shall take effect on January 1, 2013;

     (2)  Section 7 shall take effect on July 1, 2012, for any individual on parole supervision on or after July 1, 2012;

     (3)  Section 8 shall take effect on July 1, 2012, and shall be applicable to individuals committing an offense on or after that date; and

     (4)  Sections 3, 7, 8, 10, and 11 shall be repealed on July 1, 2018, and sections 353-10, 353-66, 706-670(1), 353-22.6, and 353-69, Hawaii Revised Statutes, shall be reenacted in the form on which it read on June 30, [2018.] 2012."

     SECTION 3.  Statutory material to be requested is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act, upon its approval, shall take effect on July 1, 2013; provided that the amendments made to section 353-10, Hawaii Revised Statutes, by section 1 of the Act shall not be repealed when that section is reenacted on July 1, 2018, pursuant to section 14 of Act 139, Session Laws of Hawaii 2012.

 

 

 

Report Title:

Intake Service Centers; Pretrial Bail Reports

 

Description:

Requires intake service centers to provide 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.  Repeals the intake service centers' duty to provide pretrial assessments on adult offenders that are consented to by the defendant or ordered by the court and assist in the conduct of presentence assessments on adult offenders and the preparation of presentence reports when requested by the courts.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.