Bill Text: HI HB2313 | 2022 | Regular Session | Amended
Bill Title: Relating To Risk And Needs Assessment For Female Offenders.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2022-02-23 - The committee(s) on FIN recommend(s) that the measure be deferred. [HB2313 Detail]
Download: Hawaii-2022-HB2313-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2313 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RISK AND NEEDS ASSESSMENT FOR FEMALE OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 353-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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 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, 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) Conduct
internal pretrial female risk and need assessments on adult female offenders
within three 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 female risk and need assessment completed prior to
admission to a community correctional center. The pretrial female risk and needs assessment tool
shall consider factors important to evaluate a woman's risk to reoffend, including
but not limited to rates of physical and sexual abuse prior to becoming an offender,
and a woman's specialized treatment needs. The pretrial female risk and needs 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.
For purposes of this paragraph, "pretrial female risk and needs assessment" means an objective, research-based, validated assessment tool that measures a female offender's risk of flight, risk of criminal conduct, and risk of violence or harm to any person or the general public while on pretrial release pending adjudication;
[(4)] (5) Provide correctional prescription
program planning and security classification;
[(5)] (6) Provide other personal and correctional
services as needed for both detained and committed persons;
[(6)] (7) Monitor and record the progress of
persons assigned to correctional facilities who undergo further treatment or
who participate in prescribed correctional programs;
[(7)] (8) Provide continuing supervision and control
of persons ordered to be placed on pretrial supervision by the court and
persons ordered by the director;
[(8)] (9) 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; and
[(9)] (10)
Provide pretrial bail reports to
the courts on adult offenders, within three 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;
(C) To the department of public safety;
(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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Department of Public Safety; Female Risk and Needs Assessment Tool; Correctional Facilities; Women's Correctional Centers; Female Inmates
Description:
Requires the department of public safety to develop a pretrial female risk and needs assessment tool and conduct internal pretrial female risk and needs assessments to measure the female offender's risk of flight, criminal conduct, or harm to the community. Requires the pretrial female risk and needs assessment tool to consider factors important to women when considering their risk to reoffend and treatment needs. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
