HB1035

SECTION 1. The COVID-19 coronavirus pandemic has placed unprecedented pressures on the economy of the State of Hawaii, forcing State government to severely restrict its operating budget. Act 179, Session Laws of Hawaii 2019, enacted bail reform initiatives that added duties and responsibilities to the pretrial services required of the Intake Service Centers (ISC) of the department of public safety. The department incorporated the necessary positions and funds into its budget for the fiscal biennium 2021-2023, however, these budget items were not approved, rendering the department unable to provide the legislatively required services. The purpose of this bill is to repeal sections of Act 179, Session Laws of Hawaii 2019, pertaining to the bail reform initiatives that added duties and responsibilities to the department of public safety's Intake Service Centers.

SECTION 2. Section 353-6.2, Hawaii Revised Statutes, is repealed.

"[~~§353-6.2 Community correctional centers; periodic reviews of pretrial detainees.~~ (a) The relevant community correctional centers, on a periodic basis but no less frequently than every three months, shall conduct reviews of pretrial detainees to reassess whether a detainee should remain in custody or whether new information or a change in circumstances warrants reconsideration of a detainee's pretrial release or supervision.

(b) For each review conducted pursuant to subsection (a), the relevant community correctional center shall transmit its findings and recommendations by correspondence or electronically to the appropriate court, prosecuting attorney, and defense counsel.

~~(c) If a motion to modify bail is filed pursuant to a recommendation made pursuant to subsection (b), a hearing shall be scheduled at which the court shall consider the motion.~~]

SECTION 3. Section 353-10, Hawaii Revised Statutes, is amended by amending the following subsections:

[§353-10 Intake service centers. (b) The centers shall:

(1) Provide orientation, guidance, and technical services;

(2) Provide social-medical-psychiatric-psychological diagnostic evaluation;

(3) Conduct internal pretrial risk assessments on adult offenders within [~~three~~] seven working days of admission to a community correctional center; provided that this paragraph shall not apply to persons subject to county or state detainers or holds, persons detained without bail, persons detained for probation violation, persons facing revocation of bail or supervised release, and persons who have had a pretrial risk assessment completed prior to admission to a community correctional center. For purposes of this paragraph, "pretrial risk assessment" means an objective, research-based, validated assessment tool that measures an offender's risk of flight and[,] risk of criminal conduct[~~, and risk of violence or harm to any person or the general public~~] while on pretrial release pending adjudication. [~~The pretrial risk assessment tool~~ and procedures associated with its administration shall be periodically reviewed and subject to further validation at least every five years to evaluate the effectiveness of the tool and the procedures associated with its administration. The findings of periodic reviews shall be publicly reported;]

(4) Provide correctional prescription program planning and security classification;

(5) Provide other personal and correctional services as needed for both detained and committed persons;

(6) Monitor and record the progress of persons assigned to correctional facilities who undergo further treatment or who participate in prescribed correctional programs;

(7) Provide continuing supervision and control of persons ordered to be placed on pretrial supervision by the court and persons ordered by the director;

[(8) Make inquiry with the offender concerning the offender's financial circumstances and include this information in the bail report; provided that the department of public safety's pretrial services officers shall be provided limited access for the purpose of viewing other state agencies' relevant data related to an offender's employment wages and taxes;]

[~~(9)~~] (8) Provide pretrial bail reports to the courts on adult offenders, within [~~three~~] seven working days of admission of the offender to a community correctional center, that are ordered by the court or consented to by the offender. [A complete copy of the executed pretrial risk assessment delineating the scored items, the total score, any administrative scoring overrides applied, and written explanations for administrative scoring overrides, shall be included in the pretrial bail report.] The pretrial bail reports shall be confidential and shall not be deemed to be public records. A copy of a pretrial bail report shall be provided only:

(A) To the defendant or defendant's counsel;

(B) To the prosecuting attorney;

(D) To any psychiatrist, psychologist, or other treatment practitioner who is treating the defendant pursuant to a court order;

(E) Upon request, to the adult client services branch; and

(F) In accordance with applicable laws, persons, or entities doing research. The research entity must be approved and contracted by the department of public safety to protect the confidentiality of the information insofar as the information is not a public record.

SECTION 4. Section 804-7.1 is amended by amending the following subsections: [§804-7.1 Conditions of release on bail, recognizance, or supervised release. Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:

(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;

(2) Prohibiting the defendant from going to certain described geographical areas or premises;

(3) Prohibiting the defendant rom possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;

(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;

(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;

(6) Requiring the defendant to comply with a specified curfew;

(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;

(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;

[~~(9) Requiring the defendant to submit to the use of electronic monitoring or surveillance;~~

~~(10) Requiring the confinement of the defendant in the defendant's residence;~~]

[~~(11)~~] (9) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or

[~~(12)~~] (10) Imposing any combination of conditions listed above;

Provided that the court shall impose the least restrictive non-financial conditions required to ensure the defendant's appearance and to protect the public.

The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed.

SECTION 5. Act 179, Section 30, State of Hawaii Legislature 2019, is amended by deleting the section:

[SECTION 30. (a) No later than December 31, 2020, and in accordance with section 353-10(b) (3), Hawaii Revised Statutes, the department of public safety shall revised the pretrial risk assessment processes currently used by its intake service centers with respect to offenses committed against persons, including offenses involving domestic violence and violation of restraining orders and protective orders, to ensure integration of victims' rights into the criminal pretrial system by requiring consideration of the following factors in making pretrial release recommendations:

~~(1)~~ Whether the defendant has a history of involvement with the victim of the offense, including any prior police contact that involved both the victim and the defendant, and the status of the relationship between the victim and the defendant, if any;

~~(2)~~ ~~Whether the defendant has any prior criminal history;~~

~~(3)~~ ~~Whether there is a risk that the defendant will revictimize, stalk, or otherwise harm the victim; and~~

~~(4)~~ ~~Any concerns raised by the victim with respect to the defendant's potential release from custody.~~

(b) The department shall submit a report to the legislature, no later than twenty days prior to the convening of the regular session of 2021, on the progress made in revising the pretrial processes, as required by subsection (a).]

SECTION 6. Statutory material to be repealed is bracketed and stricken. New material is underscored.

SECTION 7. This Act, upon its approval, shall take effect on July 1, 2021.

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	1035
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII