SB75 SD1.DOC

SECTION 1. As part of a sentence of probation, the courts typically impose certain conditions on probation, the violation of which may result in sanctions including revocation of probation and confinement. The legislature finds that probationers often fail to appear for scheduled appointments with their probation officers, decline to take mandatory drug tests, or test positive for illegal drug use. Additionally, studies show that as many as half of all probationers break the law again.

In 2004, the circuit court of the first circuit in this State launched a probation modification project, known as Hawaii's opportunity probation with enforcement program. Under conventional probation systems, violations by probationers, such as failing to appear for scheduled appointments with their probation officers, typically go unpunished for months or years until the violations accumulate to the point that the probationer faces severe consequences, including revocation of probation and being sentenced to a long prison term. Under the Hawaii's opportunity probation with enforcement program, however, sanctions are imposed for each probation violation, and although the sanctions may be relatively minor, often only a few days in jail, they are imposed immediately after each violation, rather than months or years after a violation.

In a one-year, randomized controlled trial comparing Hawaii's opportunity probation with enforcement program probationers to probationers in a control group, Hawaii's opportunity probation with enforcement program probationers were fifty-five per cent less likely to be arrested for a new crime, seventy-two per cent less likely to use drugs, sixty-one per cent less likely to miss appointments with their supervisory officer, and fifty-three per cent less likely to have their probation revoked. Probationers involved in Hawaii's opportunity probation with enforcement program were sentenced to, on average, forty-eight per cent fewer days of incarceration than probationers in the control group.

The legislature further finds that a new program modeled after Hawaii's opportunity probation with enforcement program has immense potential to likewise lower the recidivism rate for parolees, who are more inclined to be reincarcerated for violation of the terms of parole or commit more offenses.

The purpose of this Act is to establish a Hawaii's opportunity parole with enforcement pilot program, a pilot program for parolees similar to the Hawaii's opportunity probation with enforcement program for probationers.

SECTION 2. (a) No later than July 1, 2014, the Hawaii paroling authority shall establish and administer a two-year pilot program for high-intensity parole supervision called Hawaii's opportunity parole with enforcement pilot program. The Hawaii paroling authority shall select not more than twenty inmates to participate in Hawaii's opportunity parole with enforcement pilot program.

(b) The Hawaii's opportunity parole with enforcement pilot program shall:

(1) Provide formal warning to a parolee, in a hearing before the Hawaii paroling authority, of the sanctions that shall be imposed for violating the conditions of parole;

(2) Require the parolee to submit to random drug testing;

(3) Order the arrest of any parolee who tests positive for illegal drug use;

(4) Order the arrest of any parolee who fails to appear for a scheduled appointment with a parole officer, fails to appear for a required drug test, or otherwise violates the conditions of parole;

(5) Impose sanctions within a short period of time from the occurrence of a violation. Sanctions shall include the modification of the terms of parole and short terms of incarceration, which may be increased if a parolee continues to violate the conditions of parole; and

(6) Ensure that any parolee in need of drug treatment, mental health therapy, or other social services receives the needed treatment.

(c) The Hawaii paroling authority shall submit a preliminary report to the legislature, no later than December 1, 2015, and a final report no later than December 1, 2016, that shall include:

(1) The progress of the pilot project;

(2) Cost analysis and an accounting of expenses;

(3) Relevant data on program participants;

(4) Program and management evaluations; and

(5) Any other pertinent information, recommendations, or proposed legislation, if any, to determine whether the program should be continued.

(d) The attorney general and the Hawaii's opportunity probation with enforcement probation program of the judiciary shall assist the Hawaii paroling authority to gather information on cost analysis and an accounting of expenses and relevant data on program participants for purposes of the preliminary and final reports to the legislature.

(e) The Hawaii paroling authority may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate this Act; provided that the adoption of rules shall be completed no later than December 1, 2013.

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 fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the Hawaii's opportunity parole with enforcement pilot program.

The sums appropriated shall be expended by the Hawaii paroling authority for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2013, and shall be repealed on June 30, 2017.

THE SENATE	S.B. NO.	75
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII