THE SENATE

S.B. NO.

2256

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Juvenile prostitution.

 

 

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

 


     SECTION 1.  (a)  There is established a three-year juvenile prostitution court pilot program within the family court of the first circuit to which shall be referred:

     (1)  Any act of prostitution pursuant to section 712-1200, Hawaii Revised Statutes, committed by a person under the age of eighteen.

     (2)  Any non-violent offense committed by a person under the age of eighteen who is found to be a victim of promoting prostitution in the first degree, pursuant to 712-1202(b), Hawaii Revised Statutes.

     (b)  The judge of the juvenile prostitution court shall be one of the existing family court judges in the first circuit court, to be selected by the chief justice and the senior judge of the family court.

     (c)  The judge of the juvenile prostitution court shall:

     (1)  Be a dedicated judge for the juvenile prostitution court;

     (2)  Preside over each case from arraignment through disposition; and

     (3)  Monitor offenders and their compliance with treatment programs mandated by the court in accordance with this section.

     (d)  The activities of the juvenile prostitution court shall be supported by case-management, auxiliary and support services, treatment, and intensive supervision mechanisms, including:

     (1)  A resource coordinator who shall be a licensed social worker in the State and whose duties may include:

         (A)  Preparing offender and victim information for the judge of the juvenile prostitution court;

         (B)  Working with relevant agencies and persons, including the department of human services, law enforcement, defense counsel, and prosecutors, to coordinate information and ensure prompt reporting; and

         (C)  Screening and referring offenders to court-mandated programs; and

     (2)  An on-site victim advocate who shall be a licensed social worker in the State and whose duties may include:

         (A)  Serving as a primary contact to victims throughout the court proceedings;

         (B)  Coordinating social services for victims with established service organizations that will assist with housing, counseling, and the creating of safety plans for victims; and

         (C)  Providing victims with information about court proceedings.

     (e)  The juvenile prostitution court shall have authority to:

     (1)  Require offenders to attend rehabilitation, education, vocation, medical, mental-health, and substance abuse treatment programs;

     (2)  Monitor offenders for at least one year;

     (3)  Oversee the implementation of the offender's treatment plan; and

     (4)  Oversee the offender's compliance with the treatment plan, including regular appearances before the juvenile prostitution court to report on the offender's progress.

     (f)  Matters pending in or under supervision of the juvenile prostitution court pilot program as of July 1, 2017, shall be transferred to the jurisdiction of the appropriate court as determined by the chief justice.

     (g)  The judiciary shall submit an annual report on the juvenile prostitution court pilot program with findings and recommendations to the legislature no later than twenty days prior to the convening of the 2015, 2016, and 2017 regular sessions.

     SECTION 2.  The judiciary is authorized to establish, at the stated levels, the following positions for the purpose of supporting the juvenile prostitution court pilot program:

     (1)  One judge in the family court of the first circuit;

     (2)  One full-time equivalent (1.0 FTE) social worker V position;

     (3)  One full-time equivalent (1.0 FTE) social worker IV position; and

     (4)  One full-time equivalent (1.0 FTE) circuit court clerk II position.

     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 2014-2015 for the establishment of a juvenile prostitution court pilot program in the family court of the first circuit, to be implemented and administered pursuant to this Act.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  This Act shall take effect on July 1, 2014, and shall be repealed on July 1, 2017.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Juvenile Prostitution Court Pilot Project; Appropriation

 

Description:

Authorizes the establishment of a juvenile prostitution court pilot program. Appropriates funds.  Repeals July 1, 2017.

 

 

 

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