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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2391 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE RELEASE OF CERTAIN MISDEMEANANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§353-A Release of pretrial and sentenced misdemeanants to prevent overcrowding. (a) Notwithstanding chapter 804 and any other law to the contrary and except as provided in subsection (b), the director may order the release of a pretrial or sentenced misdemeanant on recognizance to prevent overcrowding when a community correctional center has reached capacity, as determined by the director. The director shall consider the circumstances and nature of the pretrial or sentenced misdemeanant's charge or offense prior to ordering a release pursuant to this section. The director's order shall supersede and have the same force and effect as an order entered by a court pursuant to chapter 804. For purposes of this section, "sentenced misdemeanant" shall mean a misdemeanant or petty misdemeanant sentenced pursuant to section 706-663.
(b) No person who is currently incarcerated under any of the following circumstances shall be eligible for release pursuant to this section:
(1) The person has been denied bail or whose bail has been set at more than $5,000 pursuant to chapter 804;
(2) The person is charged with or convicted of or is on probation or parole for a serious crime, as defined in section 804-3;
(3) The person has been arrested or convicted for abuse of family or household members, as defined in section 709-906; or
(4) The person has been arrested for or convicted of any other crime of violence.
(c) The authority to release a pretrial or sentenced misdemeanant pursuant to this section is granted solely for the purpose of managing the population of the community correctional centers. Nothing in this section shall be construed as granting any person the right to be released. An order releasing a pretrial or sentenced misdemeanant pursuant to this section shall not operate to dismiss or otherwise terminate any charges then pending against the pretrial or sentenced misdemeanant.
(d) The director shall notify the court where the case is assigned and the prosecuting attorney of the release of any person pursuant to this section not later than twenty-four hours prior to the time of the actual release.
(e) The director shall adopt policies and procedures for the release of pretrial and sentenced misdemeanants pursuant to this section.
§353-B Terms and conditions of release; violations; sanctions. (a) A pretrial or sentenced misdemeanant released pursuant to section 353-A shall be subject to the conditions stated in section 804-7.4. In addition, the director may impose any of the conditions that a court is authorized to impose pursuant to section 804-7.1 and shall impose any conditions contained in any court order superseded by the director's order.
(b) Intentional violations of the conditions of release shall be disposed of as provided in sections 804-7.2 and 804‑7.3."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall apply only to persons whose original crime occurred on or after the effective date of this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. This Act shall take effect on July 1, 2016.
Report Title:
Release of Certain Misdemeanants
Description:
Defines circumstance under which the Director of Public Safety may release pretrial or sentenced misdemeanants at community correctional centers. Applies only to persons whose original crime occurred on or after the effective date of this measure. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.