Bill Text: HI HB401 | 2011 | Regular Session | Introduced
Bill Title: Criminal Justice System; Task Force to Reduce Involvement with System
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-24 - (H) Referred to HAW/PBM, JUD, FIN, referral sheet 1 [HB401 Detail]
Download: Hawaii-2011-HB401-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
401 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE CRIMINAL JUSTICE SYSTEM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. House Concurrent Resolution No. 27, H.D. 1 (2009) requested the office of Hawaiian affairs to contract a study to examine the disparate treatment of Native Hawaiians in Hawai‘i's criminal justice system. Pursuant to House Concurrent Resolution No. 27, H.D. 1, on September 28, 2010, the office of Hawaiian affairs released a study, entitled "The Disparate Treatment of Native Hawaiians in the Criminal Justice System." The study includes ground‑breaking current research and analysis, using both quantitative and qualitative methods, and includes the voices of Native Hawaiians about the criminal justice system and the effect it has on their lives.
The study shows that the disproportionate impact of the criminal justice system on Native Hawaiians accumulates at each stage. When controlled for age, gender, and severity of charge, Native Hawaiians are sentenced to more days in prison and receive a longer probation term than most other racial or ethnic groups.
Collateral consequences of disparate treatment, such as the inability to finish school, find employment, and acquire a driver's license further increase the likelihood of recidivism and place undue pressure on families. These collateral consequences push the limits of imposing "punishment to fit the crime" and potentially deprive a person convicted of an offense of any chance to start afresh after incarceration.
A first step toward reducing disparate treatment and collateral consequences would be to identify strategies for reducing unnecessary contact with the criminal justice system.
The purpose of this Act is to begin the process of addressing the findings and recommendations of the disparate treatment study by creating a task force to reduce contact with the criminal justice system and appropriating funds for the formation and administration of the task force.
SECTION 2. (a) There is established a task force to reduce contact with the criminal justice system, to be attached administratively to the office of Hawaiian affairs. The objective of the task force shall be to formulate policies and procedures to eliminate the disparate treatment of all peoples in Hawai‘i's criminal justice system, with particular focus on Native Hawaiians, by looking for new strategies to reduce or avoid unnecessary involvement with the criminal justice system.
(b) The task force shall recommend cost-effective mechanisms, legislation, and policies to reduce or avoid unnecessary involvement with the criminal justice system. These recommendations shall include estimates of cultural and fiscal impact. The task force's work shall include, but not be limited to, considering and making recommendations on the following strategies:
(1) Reducing arrests by converting low-level, non-violent crimes into civil violations;
(2) Expanding possibilities for deferred acceptance of guilty or no contest pleas on the condition of substance abuse and mental health treatment;
(3) Increasing options for cost-effective pretrial release, with consideration given to enrollment and participation in an appropriate social services or treatment program; and
(4) Implementing trauma-informed services for prisoners to help prevent recidivism.
(c) The task force shall consist of six members: the state attorney general, the director of public safety, the chief executive officer of the office of Hawaiian affairs, the chief of one of the county police departments to be selected by the county police chiefs, the administrator of the adult client services branch of the first circuit court, and one circuit court judge to be selected by the chief justice of the Hawaii supreme court.
(d) The members of the task force shall serve without compensation but shall be reimbursed for expenses necessary in the performance of their duties.
(e) The members of the task force shall select a chairperson from among its members.
(f) The task force shall submit to the legislature, not later than twenty days prior to the convening of the 2013 regular session, a final report of its activities, findings, and recommendations.
(g) The task force shall cease to exist on August 1, 2013.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ for each of the fiscal years 2011-2012 and 2012-2013 for the establishment and administration of the task force.
The sums appropriated shall be expended by the office of Hawaiian affairs for the purposes of this Act.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request |
Report Title:
Criminal Justice System; Task Force to Reduce Involvement with System
Description:
Establishes a task force to reduce contact with the criminal justice system. Appropriates funds.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
