HB1616

SECTION 1. The legislature finds that parole officers serve a vital role in the State's justice system. Parole officers are charged with supervising parolees and ensuring that the parolees are abiding by their terms of parole. In the course of their duties, parole officers conduct investigations and approach parolees outside of an office setting and in a potentially hostile environment. Providing parole officers with the authority, training, equipment, and resources to conduct their duties in the field will protect parolees and the public.

The purpose of this Act is to:

(1) Authorize parole officers to use electric guns;

(2) Explicitly include parole officers among the law enforcement officers subject to the jurisdiction of the law enforcement standards board, for training and certification purposes;

(3) Authorize parole officers to arrest parolees without a warrant when there is probable cause that the parolee is in violation of the terms of parole; and

(4) Provide parole officers with the powers of police officers.

SECTION 2. Section 134-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) This section shall not apply to:

(1) Law enforcement officers of county police departments;

(2) Law enforcement officers, including parole officers, of the department of public safety;

(3) Conservation and resources enforcement officers of the department of land and natural resources;

(4) Members of the Army or Air National Guard when assisting civil authorities in disaster relief, emergency management, or law enforcement functions, subject to the requirements of section 121-34.5;

(5) Law enforcement officers appointed by the director of transportation pursuant to section 266-24; and

(6) Vendors providing electric guns to the individuals described in paragraphs (1) through (5);

provided that electric guns shall at all times remain in the custody and control of the law enforcement officers of the county police departments, the law enforcement officers of the department of public safety, the conservation and resources enforcement officers of the department of land and natural resources, the members of the Army or Air National Guard, or law enforcement officers appointed by the director of transportation."

SECTION 3. Section 139-1, Hawaii Revised Statutes, is amended by amending the definition of "law enforcement officer" to read as follows:

""Law enforcement officer" means:

(1) A police officer employed by a county police department;

(2) A public safety officer, including a parole officer, employed by the department of public safety; or

(3) An employee of the department of transportation, department of land and natural resources, department of taxation, or department of the attorney general who is conferred by law with general police powers."

SECTION 3. Section 353-71, Hawaii Revised Statutes, is amended to read as follows:

"§353-71 Parole officer and assistant parole officers. (a) The Hawaii paroling authority may appoint and remove at pleasure a parole officer and assistant parole officers as may be necessary, who shall receive such compensation as shall be provided by law. The duties of the parole officer shall be as follows:

(1) To keep a record of all paroled prisoners; to add from time to time thereafter information concerning the employment and wages of each paroled prisoner, together with the name of the paroled prisoner's employer and such details concerning the paroled prisoner's health, conduct, and environment as may come to the attention of the parole officer either from reports made to the parole officer or through the parole officer's own personal investigation;

(2) To receive reports from paroled prisoners as may be required by the rules and regulations of the paroling authority and to check such reports by personal investigations and by conferences with the employers of such prisoners and such other persons as can give information concerning the habits, work, and environment of such prisoners;

(3) To investigate and keep informed upon the habits, work, wages, and environment of such prisoners, if any there be, as are not required to report to the parole officer;

(4) To make such other investigations, secure such other information and data, perform such other duties and make such other reports, in addition to those which may be required by law, as may be required by the paroling authority;

(5) To make a report once in each month to the paroling authority, together with such additional reports as the circumstances call for, concerning the prisoners on parole and their conduct and environment; [~~and~~]

(6) As far as practicable, to assist in obtaining suitable employment for paroled prisoners and otherwise assist in rehabilitation of such paroled prisoners[.]; and

(7) To arrest a parolee without a warrant if there is probable cause to believe that the parolee is in violation of the terms and conditions of parole.

Each assistant parole officer shall have such of the powers and duties of the parole officer hereinabove provided for as shall be prescribed by the paroling authority.

(b) Each parole officer, within the scope of the parole officer's duties, shall have the powers of a police officer."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1616
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII