Bill Text: HI SB2136 | 2010 | Regular Session | Introduced

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Bill Title: Hawaii Veterans Court

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-01-20 - (S) Referred to JGO/PSM, WAM. [SB2136 Detail]

Download: Hawaii-2010-SB2136-Introduced.html

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THE SENATE	S.B. NO.	2136
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to veterans court.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

 

     SECTION 1.  The legislature finds that the State's prison system is severely overcrowded and that further alternatives to incarceration, including the provision of appropriate treatment and counseling and more intensive supervision, are needed.

     Since September 11, 2001, members of the United States armed forces and reserves and the Hawaii National Guard have been engaged in combat in Afghanistan and Iraq at an unprecedented rate and pace.  Recent research confirms that a significant number of soldiers--in some estimates, one in five--will return home from war with a combat-related mental-health condition, such as post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, and other mental and emotional health conditions.  In addition, judges in Hawaii have reported an increase in cases that involve veterans.

     Nationally, the first veterans court was established in 2008 in Buffalo, New York.  Similar models have emerged in counties across California and Oklahoma and in the states of Illinois, Nevada, Texas, and Alaska.  Congress has recognized the success of these courts in effectively rehabilitating veterans by providing alternatives to incarceration.  Based on the experience from Buffalo, no re-arrests have occurred thus far.

     The purpose of this Act is to help address the issue of prison overcrowding at a time when budget constraints prevent investment in new prison facilities by establishing a veterans court at the state circuit court level.

PART I. INTERMEDIATE SANCTIONS

     SECTION 2.  Section 706-605.1, Hawaii Revised Statutes, is amended to read as follows:

     "§706-605.1  Intermediate sanctions; eligibility; criteria and conditions.  (1)  The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.

     (2)  Defendants may be considered for sentencing to alternative programs if they:

    (a)   Have not been convicted of a non-probationable class A felony; and

    (b)   Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.

     (3)  A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.

     (4)  As used in this section, "alternative programs" means programs that, from time to time, are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration.  Alternative programs may include:

    (a)   House arrest, or curfew using electronic monitoring and surveillance, or both;

    (b)   Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;

    (c)   Veterans court programs for defendants who are veterans and who meet specific requirements;

    [(c)] (d)  Therapeutic residential and nonresidential programs, including secure drug treatment facilities;

    [(d)] (e)  A program of regimental discipline pursuant to section 706-605.5; and

    [(e)] (f)  Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.

     (5)  As used in this section, "veteran" means a person who has served continuously for at least two years in the armed forces of the United States, a reserve component thereof, or the National Guard and has not been dishonorably discharged or released therefrom."

PART II. VETERANS COURT

     SECTION 3.  The legislature finds that, due to an increase in cases in which misdemeanants are veterans of the United States armed forces, alternatives to incarceration must be implemented.  The institution of the Hawaii veterans court is viewed as one element that may be added to Hawaii's criminal-justice system that may offer veterans who commit misdemeanors and who often suffer from problems related to their combat service an effective means of addressing their problems while being held accountable for their progress through regular treatment and counseling.  The goal of the veterans court is to enhance the effectiveness of the criminal-justice system through:

     (1)  Early intervention and increased diversion from incarceration;

     (2)  Individualized assessment of problems, including those related to substance abuse;

     (3)  Judicial tracking and increased judicial involvement in monitoring treatment participation with the use of incentives for compliance and graduated sanctions for noncompliance;

     (4)  Encouraging veterans to accept responsibility for their conduct; and

     (5)  Rehabilitation of veterans and their successful reintegration into society.

     Successful intervention by the veterans court is expected to have a long-term influence upon prison overcrowding, the costs of high rates of incarceration, the improvement of public safety, probation and parole workloads, and case flow through the judicial system.

     The purpose of this part is to authorize the establishment of the temporary Hawaii veterans court and related positions.

     SECTION 4.  The Hawaii veterans court shall consist of one of the existing first circuit court judges, to be selected by the chief justice.  The activities of the veterans court shall be supported by related case-management and auxiliary and support services, treatment, and intensive supervision mechanisms.

     SECTION 5.  (a)  A veteran is eligible to participate in the Hawaii veterans court; provided that:

     (1)  The veteran files a motion to transfer the veteran's case from the regular court system to the Hawaii veterans court;

     (2)  The court approves the motion to transfer the case from the regular court system to the Hawaii veterans court;

     (3)  The prosecuting attorney of the applicable county approves the transfer of the case from the regular court system to the Hawaii veterans court;

     (4)  The offense for which the veteran is charged is a misdemeanor, except for an offense under section 709-906, Hawaii Revised Statutes; and

     (5)  The veteran has not been previously convicted of a felony in Hawaii or any other jurisdiction.

     (b)  The victim of the offense for which the veteran is charged shall be eligible:

     (1)  To attend, provide testimony concerning, and be informed of all applicable proceedings with respect to the veteran; and

     (2)  For full and timely restitution, as applicable, from the veteran.

     (c)  The Hawaii veterans court shall have broad authority to:

     (1)  Require participating veterans to:

          (i)  Attend rehabilitation, educational, vocational, medical, mental-health, and substance-abuse-treatment programs; and

         (ii)  Participate in peer-to-peer mentoring;

     (2)  Monitor for at least one year:

         (i)  The execution of the treatment plan of the participating veteran; and

        (ii)  The participating veteran's compliance with the requirements of the treatment plan, including regular appearances before the Hawaii veterans court to report on the participating veteran's progress.

     (d)  The Hawaii veterans court shall coordinate with the United States Department of Veterans Affairs in assisting participating veterans through medical, mental-health, substance-abuse, housing, and employment services and counseling.

     (e)  In the case of participating veterans who are members of the reserve components of the armed forces of the United States or members of the Hawaii National Guard, the Hawaii veterans court shall work with other members of the participating veteran's military unit in rehabilitating the participating veteran.

     (f)  For the purposes of this part:

     "Participating veteran" means a veteran who is participating in the Hawaii veterans court.

     "Veteran" means a person who has served continuously for at least two years in the armed forces of the United States, a reserve component thereof, or the National Guard and has not been dishonorably discharged or released therefrom.

     SECTION 6.  (a)  The judiciary is authorized to establish the following temporary positions for the purpose of implementing section 3 for fiscal year 2010-2011 and to be funded from the appropriation authorized in section 5:

     (1)  One full-time equivalent (1.0 FTE) social worker V position ($       );

     (2)  Two full-time equivalent (2.0 FTE) social worker IV positions ($       each); and

     (3)  One full-time equivalent (1.0 FTE) circuit court clerk II position ($       ).

     (b)  The judiciary may seek federal grants and awards and other moneys to fund the Hawaii veterans court.

     SECTION 7.  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 2010-2011 for staffing, equipment, and other expenses for the implementation and operation of the temporary Hawaii veterans court.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2010, and shall be repealed on       ; provided that section 706-605.1, Hawaii Revised Statutes, shall be re-enacted in the form in which it read on the day before the effective date of this Act.

 

INTRODUCED BY:

_____________________________

 

 

Report Title:

Hawaii Veterans Court

 

Description:

Establishes a temporary Hawaii Veterans Court within the Judiciary to help address prison overcrowding.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.