Bill Text: HI SB11 | 2011 | Regular Session | Introduced
Bill Title: Department of the Sheriff; Task Force
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2011-07-12 - (H) Act 215, on 7/11/2011 (Gov. Msg. No. 1319). [SB11 Detail]
Download: Hawaii-2011-SB11-Introduced.html
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THE SENATE |
S.B. NO. |
11 |
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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 DEPARTMENT OF THE SHERIFF.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the sheriff division of the department of public safety shoulders responsibilities that are integral to preserving the public peace and safety. Specifically, the division:
(1) Serves and protects the public, government officials, and state personnel and property under its jurisdiction, including at state facilities, lands, airports, and within the jurisdictional boundaries of the State of Hawaii, by providing law enforcement services that incorporate patrols, surveillance, and educational activities;
(2) Protects state judges and judicial proceedings, secures judicial facilities, safely handles detained persons, and provides secure transport for persons in custody; and
(3) Executes arrest warrants for the judiciary and the Hawaii paroling authority.
The legislature also finds that pursuant to Act 162, Session Laws of Hawaii 2009, and House Concurrent Resolution No. 92, H.D. 1 (2009), the auditor conducted a management audit of the sheriff division, which found the division to be bereft of the training and equipment necessary to fulfill its mission. The audit recommended that the division seek accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. to help ensure that proper law enforcement standards are met. The Commission on Accreditation for Law Enforcement Agencies, Inc., created in 1979, serves as a law enforcement credentialing authority through collaboration with law enforcement executive associations. Both Honolulu and Maui police departments are accredited by the Commission on Accreditation for Law Enforcement Agencies, Inc., and the auditor used the Commission's Standards for Law Enforcement Agencies, fifth edition, as a benchmark for its audit. The legislature finds that the creation of a separate department of the sheriff facilitates accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc.
The purpose of this Act is to create a department of the sheriff to assume the duties and functions of the sheriff division.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
DEPARTMENT OF THE SHERIFF
§ ‑A Definitions. As used in this chapter:
"Department" means the department of the sheriff.
"Sheriff" refers to the director of the department of the sheriff.
§ ‑B Establishment of the department. (a) There is established the department of the sheriff.
(b) The department shall be headed by a single executive to be known as the sheriff who shall be appointed in accordance with section 26-34; provided that the sheriff shall have previous experience in law enforcement to be qualified for the position to which appointed.
(c) The department shall consist of the authority, functions, and services as exercised by the sheriff division of the department of public safety prior to July 1, 2012, as more specifically provided in section ‑E.
§ ‑C Sheriff; powers and duties. The sheriff shall administer the law enforcement programs of the department of the sheriff and shall be responsible for the formulation and implementation of state goals and objectives for these programs. In the administration of these programs, the sheriff may:
(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the sheriff deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;
(2) Train, equip, maintain, and supervise the force of deputy sheriffs and other employees of the department;
(3) Serve process both in civil and criminal proceedings;
(4) Perform other duties as may be required by law;
(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of law enforcement programs; and
(6) Enter into contracts in behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department.
§ ‑D Appointment of personnel. The sheriff shall appoint a chief deputy sheriff to serve as the functional equivalent of a deputy department director. The chief deputy sheriff shall have previous experience in law enforcement to be qualified for the position to which appointed.
§ ‑E Duties and functions. (a) The objective of the department of the sheriff is to provide for the protection and safety of the people of Hawaii through law enforcement at state facilities, lands, harbors, and airports, and within the jurisdictional boundaries of the State of Hawaii. In fulfilling this objective, the department of the sheriff shall:
(1) Apprehend fugitives, enter and secure sites where search and arrest warrants are being executed, and receipt, record, and serve arrest warrants and other legal documents issued by the state courts;
(2) Provide law enforcement, which incorporates patrols, surveillance, and educational activities, in state facilities, including the Honolulu civic center, judiciary buildings, the state capitol, Washington Place, the Hawaii state hospital, Waimano hospital, and the state department of defense's Hawaii national guard armory;
(3) Pursuant to agreement with the department of transportation, provide law enforcement services for Honolulu International Airport and surrounding areas under the jurisdiction of the department of transportation airports division, Kalaeloa airport, and Dillingham airfield;
(4) Receive and process arrestees at the district and circuit courts and for the neighbor islands, at the respective county police department receiving desks, and transport them to appropriate agencies and authorized individuals;
(5) Provide law enforcement and protective services for state judges and at state court proceedings, and secure state judicial facilities and surrounding property, including at the district and circuit courts and the Hawaii supreme court;
(6) Provide executive protective services to key state officials, including the governor and lieutenant governor, and other dignitaries as directed by the sheriff;
(7) Conduct criminal investigations as necessary in connection with the duties and functions under this section; and
(8) Serve as a central clearinghouse for the collection, examination, storage, and disposal of all official records, documents, and reports generated and used by the department.
(b) The department of the sheriff may collaborate with the judiciary, attorney general, and county police in furtherance of the duties of the department under this section, including entering into agreements pursuant thereto.
(c) The department of the sheriff shall have no responsibilities relating to corrections under chapter 353 or to controlled substances under chapter 329, unless the activities are ancillary to the duties and functions set forth in this section."
SECTION 3. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§26‑ Department of the sheriff. (a) The department of the sheriff shall be headed by a single executive to be known as the sheriff.
(b) The sheriff shall be responsible for the administration, management, and operations of law enforcement activities of the department of the sheriff as provided by law."
SECTION 4. Section 26-4, Hawaii Revised Statutes, is amended to read as follows:
"§26-4 Structure of government. Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:
(1) Department of human resources development (Section 26‑5)
(2) Department of accounting and general services (Section 26-6)
(3) Department of the attorney general (Section 26-7)
(4) Department of budget and finance (Section 26-8)
(5) Department of commerce and consumer affairs (Section 26-9)
(6) Department of taxation (Section 26-10)
(7) University of Hawaii (Section 26-11)
(8) Department of education (Section 26-12)
(9) Department of health (Section 26-13)
(10) Department of human services (Section 26-14)
(11) Department of land and natural resources (Section 26‑15)
(12) Department of agriculture (Section 26-16)
(13) Department of Hawaiian home lands (Section 26-17)
(14) Department of business, economic development, and tourism (Section 26-18)
(15) Department of transportation (Section 26-19)
(16) Department of labor and industrial relations (Section 26-20)
(17) Department of defense (Section 26-21)
(18) Department of public safety (Section 26-14.6)[.]
(19) Department of the sheriff. (Section 26‑ )."
SECTION 5. Section 26-14.6, Hawaii Revised Statutes, is amended to read as follows:
"§26-14.6 Department of public safety. (a) The department of public safety shall be headed by a single executive to be known as the director of public safety.
(b) The department of public safety shall be
responsible for the formulation and implementation of state policies and
objectives for correctional[, security, law], narcotics enforcement
and public safety programs and functions, for the administration and
maintenance of all public or private correctional facilities and services, for
the service of process[,] as provided by law, and for the
security of state buildings.
(c) Effective July 1, 1990, the Hawaii paroling authority and the crime victim compensation commission are placed within the department of public safety for administrative purposes only.
(d) Effective July 1, 1990, the functions and authority heretofore exercised by:
(1) The department of corrections relating to adult corrections and the intake service centers;
(2) The judiciary relating to the sheriff's office and judiciary security personnel; and
(3) The department of the attorney general relating to state law enforcement officers and narcotics enforcement investigators with the narcotics enforcement division,
shall be transferred to the department of public
safety[.]; provided that effective July 1, 2012, the functions and
authority described in paragraph (2) relating to the sheriff's office and
judiciary security shall be transferred to the department of the sheriff.
(e) Effective July 1, 1990, the functions and authority heretofore exercised by the department of health pursuant to chapters 329 and 329C, with the exception of sections 329-2, 329-3, and 329-4(3) to (8), shall be transferred to the department of public safety.
(f) Effective July 1, 1990, the functions,
authority, and obligations, together with the limitations imposed thereon and
the privileges and immunities conferred thereby, exercised by a
"sheriff", "sheriffs", a "sheriff's deputy",
"sheriff's deputies", a "deputy sheriff", "deputy
sheriffs", or a "deputy", under sections 21-8, 47-18, 105-4,
134-51, 183D-11, 187A-14, 231-25, 281-108, 281-111, 286-52, 286-52.5, 321-1,
322-6, 325-9, 353-11, 356D-54, 356D-94, 383-71, 438-5, 445-37, 482E-4, 485A‑202,
501-42, 501-171, 501-218, 521-78, 578-4, 584-6, 587‑33, 603-29, 604-6.2,
606-14, 607-2, 607-4, 607-8, 633-8, 634-11, 634-12, 634-21, 634-22, 651-33,
651-37, 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21, 803-23, 803-34,
803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23 shall be exercised to
the same extent by the department of public safety[.] and effective
July 1, 2012, by the department of the sheriff.
(g) Effective January 1, 1993, the functions
and authority heretofore exercised by the attorney general and the department
of the attorney general relating to the executive security officers shall be
transferred to the department of public safety[.], and effective July
1, 2012, to the department of the sheriff.
(h) Effective July 1, 1999, the functions and authority heretofore exercised by the director of public safety and the department of public safety relating to after hours security contracts at department of education facilities, except for the security functions being performed by employees of the public library system as well as the contractual security services for the libraries, shall be transferred to the department of education.
(i) Effective January 1, 1993, the functions
and authority heretofore exercised by the director of health and the department
of health relating to uniformed security employees and security contracts at
various state hospitals throughout the State shall be transferred to the
department of public safety[.], and effective July 1, 2012, to the
department of health.
Effective July 1, 2005, the functions, authority, and employee positions of the department of public safety relating to uniformed security employees and security contracts at health facilities that are under the operation, management, and control of the Hawaii health systems corporation shall be transferred to the Hawaii health systems corporation.
[(j) Effective January 1, 1993, the
functions and authority heretofore exercised by the director of human services
and the department of human services relating to contractual security guard
services shall be transferred to the department of public safety.
(k)] (j) Effective July 1, 1994,
the functions and authority heretofore exercised by the adjutant general
relating to security for national guard and state civil defense facilities in
the Diamond Head complex, for after work hours, shall be transferred to the
department of public safety[.], and effective July 1, 2012, to the
department of defense.
[(l)] (k) Effective July 1, 2002,
the functions and authority heretofore exercised by the director of public
safety and the department of public safety relating to after hours security
contracts at department of education facilities, including all security
functions being performed by employees of the public library system, as well as
the contractual security services for the libraries, shall be transferred to
the department of education and the public library system as appropriate.
(l) Effective July 1, 2012, the functions and authority heretofore exercised by the director of public safety relating to sheriff division functions shall be transferred to the sheriff as provided in sections ‑B and ‑C."
SECTION 6. Section 26-52, Hawaii Revised Statutes, is amended to read as follows:
"§26-52 Department heads and executive officers. The salaries of the following state officers shall be as follows:
(1) The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year;
(2) The salary of the president of the University of Hawaii shall be set by the board of regents;
(3) Effective July 1, 2004, the salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, the sheriff, taxation, and transportation shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; and
(4) The salary of the adjutant general shall be $85,302 a year. Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail."
SECTION 7. Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:
"§353C-2 Director of public safety;
powers and duties. [[](a)[] The] Except for those
functions enumerated under section ‑E which shall be
the responsibility of the department of the sheriff, the director of public
safety shall administer the public safety programs of the department of public
safety and shall be responsible for the formulation and implementation of state
goals and objectives for correctional and [law] narcotics
enforcement programs, including ensuring that correctional facilities and
correctional services meet the present and future needs of persons committed to
the correctional facilities. In the administration of these programs, the
director [may:]:
(1) [Preserve] Shall preserve the
public peace, prevent crime, detect and arrest offenders against the law,
protect the rights of persons and property[, and enforce];
(2) Shall enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;
[(2) Train,] (3) Shall
train, equip, maintain, and supervise the force of public safety officers,
including law enforcement and correctional personnel, and other employees of
the department;
[(3)] (4) Serve process both in civil
and criminal proceedings, as provided by law;
[(4) Perform] (5) Shall
perform other duties as may be required by law;
[(5) Adopt,] (6) Shall
adopt pursuant to chapter 91, rules that are necessary or desirable for the
administration of public safety programs; and
[(6) Enter] (7) May enter
into contracts in behalf of the department and take all actions deemed
necessary and appropriate for the proper and efficient administration of the
department.
[[](b)[]] The department of
public safety shall report to the legislature not later than twenty days prior
to the commencement of the 2008 regular session, and every session thereafter,
with its achievements, continuing improvements, and ongoing problems in
providing the appropriate mental health care to committed persons under its
jurisdiction."
SECTION 8. Section 353C-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353C-3[]] Deputy
directors; appointment. The director shall appoint, without regard to
chapter 76, three deputy directors to serve at the director's pleasure. Unless
otherwise assigned by the director, one deputy director shall oversee the
correctional programs and facilities of the department, one deputy director
shall oversee the [law] narcotics enforcement programs of
the department, and one deputy director shall oversee administration of the
department."
SECTION 9. The revisor shall substitute, as appropriate, the term "department of the sheriff" for the term "office of the sheriff" in existing statutes.
SECTION 10. Upon the effective date of this Act, and until a salary commission established pursuant to article XVI, section 3.5 of the Hawaii constitution issues salary recommendations that are not rejected by the legislature, the salaries of the sheriff and chief deputy sheriff shall be equivalent to the salaries of the director and deputy director of public safety.
SECTION 11. The revisor of statutes shall assign the appropriate section numbers to the letter designations in section 2 of this Act.
SECTION 12. All laws and parts of laws heretofore enacted which are in conflict with the provisions of this Act are hereby amended to conform herewith. All acts passed during the regular session of 2012, whether enacted before or after passage of this Act, shall be amended to conform to this Act, unless the Acts specifically provide for the Act relating to the "department of public safety" as being amended. Amendments made to sections of the Hawaii Revised Statutes that are amended by this Act as of a future effective date shall include amendments made after the approval of this Act and before the effective date of the amendments made by this Act, to the extent that the intervening amendments may be harmonized with the amendments made by this Act.
SECTION 13. All rights, powers, functions, and duties of the sheriff division of the department of public safety are transferred to the department of the sheriff.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 14. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the sheriff division of the department of public safety relating to the functions transferred to the department of the sheriff shall be transferred with the functions to which they relate.
SECTION 15. (a) The department of public safety shall develop a complete organizational and budget plan, including proposed statutory amendments, for the implementation and operation of the department of the sheriff for submission to the legislature by no later than twenty days prior to the convening of the regular session of 2012, for purposes of the state budget for fiscal year 2012-2013.
(b) The department of public safety shall also report to the legislature by no later than twenty days prior to the convening of the regular session of 2012, on any recommended statutory revisions to section 88-74, Hawaii Revised Statutes, relating to allowance on service retirement for personnel of the department of the sheriff.
SECTION 16. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for the purposes of this Act.
The sums appropriated shall be expended by the department of public safety and the department of the sheriff, as appropriate, for the purposes of this Act.
SECTION 17. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons thereof to the legislature at its next session thereafter for review by the legislature.
SECTION 18. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii constitution or Article I, section 10, of the United States Constitution.
SECTION 19. Any claims, proceedings, or actions pending against the department of public safety relating to correctional facilities as of the date of this Act shall not be deemed to encompass the department of the sheriff.
SECTION 20. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 21. This Act shall take effect on July 1, 2012; provided that sections 15 and 16 shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Department of the Sheriff; Appropriation
Description:
Creates a department of the sheriff to assume responsibilities and functions exercised by the sheriff division of the department of public safety. Makes appropriation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
