HOUSE OF REPRESENTATIVES	H.B. NO.	1246
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

relating to alternatives to incarceration.

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

     SECTION 1.  Section 353-10.5, Hawaii Revised Statutes, is amended to read as follows:

     "§353-10.5  Intermediate sanctions; eligibility; criteria and conditions.  (a)  [The] As a priority, to prevent overcrowding in community correctional centers, the department of public safety shall implement and expand alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration.

     (b)  Pretrial detainees may be considered for placement in alternative programs if they:

     (1)  Have been admitted to bail and are not charged with a non-probationable class A felony; and

     (2)  Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.

     (c)  Sentenced offenders and other committed persons may be [considered for placement] placed in alternative programs as a condition of furlough or release[, provided]; provided that the person [is otherwise eligible for or has been granted furlough or release pursuant to section 353-8 or 353-17.] has a minimum or lower security classification in any correctional facility of the department; provided further that the person shall be released for a valid purpose as determined by the director.

     (d)  As used in this section, "alternative programs" mean programs that are established by the department or created and funded by legislative appropriation or federal grant naming the department of public safety or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration.  Alternative programs may include:

     (1)  Home detention, curfew [using electronic monitoring and surveillance], or both;

     (2)  Supervised release, graduated release, furlough, and structured educational or vocational programs; [and]

     (3)  Similar programs created and designated as alternative programs by the legislature or the director of public safety for inmates who do not pose significant risks to the community[.]; and

(4) The use of electronic monitoring and surveillance."

     SECTION 2.  Section 353-36, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§353-36[]]  Release of [misdemeanants] offenders 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 misdemeanant] an offender on recognizance to prevent overcrowding when a community correctional center has reached capacity, as determined by the director[.]; provided that the director may require that an offender be subject to electronic monitoring and surveillance as a condition of release.  The director shall consider the circumstances and nature of the [misdemeanant's] offender'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 and section 353-37, ["misdemeanant"] "offender" means a person incarcerated at a community correctional center who has been charged with a [petty misdemeanor or misdemeanor,] criminal offense or an incarcerated person who has been sentenced pursuant to [section 706-663.] chapter 706.

     (b)  No person who is 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] $10,000 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)  Other than the offense for which release is contemplated under this section, the person has been previously convicted of any offense, as defined in title 37, that involves injury or threat of injury to the person of another, including but not limited to sexual harassment in the fourth degree, harassment by stalking, violation of an order of protection, or violation of a temporary restraining order.

     (c)  The authority to release [a misdemeanant] an offender 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 misdemeanant] an offender pursuant to this section shall not operate to dismiss or otherwise terminate any charges then pending against the [misdemeanant.] offender.

     (d)  The director shall notify the court where the case is assigned and the prosecuting attorney of the release of any [misdemeanant] offender pursuant to this section not later than forty-eight hours prior to the time of the actual release.

     (e)  The State or any of its officers and employees shall not be subject to any civil liability or penalty nor to any criminal prosecution for any error in judgment or discretion made in good faith and upon reasonable grounds in any action taken or omitted by the State or any of its officers and employees acting in their official capacity pursuant to this section."

     (f)  [The] No later than January 1, 2018, the director shall adopt policies and procedures for the release of [misdemeanants] offenders pursuant to this section."

     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 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for electronic monitoring and surveillance for offenders released pursuant to section 353-36, Hawaii Revised Statutes, or participating in alternative programs established pursuant to section 353-10.5, Hawaii Revised Statutes.

     The sums appropriated shall be expended by the department of public safety 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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2017.

INTRODUCED BY:

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Report Title:

Criminal Offenders; Pre-Trial Release; Alternative Programs; Electronic Monitoring and Surveillance; Appropriation

Description:

Expands the authority of DPS to release certain pre-trial detainees and sentenced offenders to include felons.  Requires electronic monitoring of released detainees and offenders.  Authorizes electronic monitoring of offenders in programs that offer alternatives to incarceration.  Appropriates funds.

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