Bill Text: HI HB2654 | 2014 | Regular Session | Amended
Bill Title: Crime Victim Compensation; Restitution
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled - Dead) 2014-04-25 - Conference Committee Meeting will reconvene on Friday, 04-25-14 at 5:15pm in Conference Room 325. [HB2654 Detail]
Download: Hawaii-2014-HB2654-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2654 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO VICTIM RESTITUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In 2012, the legislature enacted the justice reinvestment initiative, Act 139, Session Laws of Hawaii 2012, to reduce corrections spending, increase efficiency, decrease recidivism, and increase offender accountability through data-driven strategies. One justice reinvestment initiative strategy to increase offender accountability was to increase the amount of victim restitution collected from inmates with unpaid restitution orders. Section 353-22.6, Hawaii Revised Statutes, was amended to increase the amount of restitution collected from inmates from ten per cent of inmate earnings to twenty-five per cent of all inmate earnings, deposits, and credits.
While it was the legislature's intent that crime victims achieve financial justice through increased restitution collection, the collection of twenty-five per cent from inmates' earnings, deposits, and credits has not been uniformly applied to all inmates in all correctional facilities.
The legislature finds that some courts have ordered restitution payments of less than twenty-five per cent of all inmate earnings, deposits, and credits and that the department of public safety had been advised to comply with the court orders instead of section 353-22.6, Hawaii Revised Statutes. The legislature further finds that the department of public safety was also advised that the twenty-five per cent deduction from all inmate earnings, deposits, and credits could not be applied to sentences imposed prior to July 1, 2012, the effective date of the amendments made to section 353-22.6, Hawaii Revised Statutes, that increased the deductions to twenty-five per cent.
The purpose of this Act is to clarify that twenty-five per cent of inmate earnings, deposits, and credits shall be deducted to satisfy victim restitution orders. This Act also clarifies that the twenty-five per cent deduction shall apply to all restitution orders imposed after the effective date of this Act.
SECTION 2. Section 706-646, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) In ordering
restitution, the court shall not consider the defendant's financial ability to
make restitution in determining the amount of restitution to order. The court,
however, shall consider the defendant's financial ability to make restitution
for the purpose of establishing the time and manner of payment. The court
shall specify the time and manner in which restitution is to be paid[.];
provided that the payment schedule shall be at least twenty-five per cent of an
inmate's total moneys earned, new deposits, and credits to the inmate's
individual account. Restitution shall be a dollar amount that is
sufficient to reimburse any victim fully for losses, including but not limited
to:
(a) Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible;
(b) Medical expenses; and
(c) Funeral and burial expenses incurred as a result of the crime."
SECTION 3. This Act shall apply to orders for restitution entered after the effective date of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2030.
Report Title:
Crime Victim Compensation; Restitution
Description:
Clarifies the court's authority to specify the time and manner of restitution payments, by requiring that a payment schedule must be at least 25% of all moneys earned, new deposits, and credits to an inmate's individual account. Applies to orders for restitution entered after the effective date of this Act. Effective 7/1/2030. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
