SB737 SD1

THE SENATE	S.B. NO.	737
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO RESTORATIVE JUSTICE.

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

SECTION 1. The legislature finds that restorative justice programs aim to address unresolved issues confronting victims, offenders, and their families. These programs bring offenders, victims, and their respective personal supporters together in a carefully managed, safe environment. The process is a powerful healing tool and a way to empower victims to make decisions about how to repair the harm caused by offenses. Participation in a program is voluntary and available only to those victims who choose to participate, and the program is available to those inmates who want to reconcile with their victims.

The legislature also finds that the restorative reentry circles pilot program at the Waiawa correctional facility, based upon restorative justice principles, has resolved ninety incidents with a one hundred per cent satisfaction rate reported by the participating victims, offenders, and prison staff. The pilot program has been highlighted by the Federal Probation Journal, Honolulu Magazine, and KITV News and has expanded to the women's community correctional center.

The purpose of this Act is to establish a restorative justice task force within the judiciary to assess the possibility of creating a state-wide program.

SECTION 2. (a) The judiciary shall establish a task force to make recommendations for the implementation of a statewide restorative justice program by:

(1) Reviewing existing laws, protocols, and programs pertaining to restorative justice and recommending legislative language that will support consistent implementation in jurisdictions statewide;

(2) Creating a definition for restorative justice that is victim-centered and victim-driven in order to develop policies based on a common understanding of the restorative justice process;

(3) Identifying ways in which restorative justice can be implemented to support the recovery of victims; and

(4) Identifying funding sources and amounts for the implementation of restorative justice programs statewide.

(b) The task force shall be composed of the following individuals, or their designees:

(1) The chief justice, who shall serve as the chairperson of the task force;

(2) One representative from the department of human services;

(3) One representative from the Matsunaga Peace Institute of the University of Hawaii system;

(4) One representative from each of the four county offices of the prosecuting attorney;

(5) Two representatives from the office of the public defender, one of which shall represent a neighbor island;

(6) One representative who is a practitioner of traditional Hawaiian restorative justice;

(7) One representative from Epic Ohana;

(8) One representative from the Hawaii Friends of Restorative Justice;

(9) One representative from a mental health services provider;

(10) One representative from the Domestic Violence Action Center; and

(11) Additional members with appropriate specialized expertise as recommended by the members of the task force, subject to the approval by the chairperson.

(c) Members of the task force shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) Two or more members, but less than the number of members that would constitute a quorum for the task force, may discuss between themselves matters relating to official business of the task force and the organizations they represent to enable members to faithfully perform their duties of the task force; provided that no commitment to vote is made or sought. Such discussions shall be a permitted interaction under section 92‑2.5, Hawaii Revised Statutes.

(e) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2021.

(f) The task force shall cease to exist on June 30, 2021; provided that the judiciary may continue the work of the task force without the effect of this Act should the judiciary deem it necessary.

SECTION 3. This Act shall take effect on July 1, 2020.