Bill Text: HI SB2442 | 2010 | Regular Session | Introduced
Bill Title: Parole Hearings; Violation of Privacy; Psychosexual Evaluation
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-02-18 - (S) The committee on PSM deferred the measure. [SB2442 Detail]
Download: Hawaii-2010-SB2442-Introduced.html
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THE SENATE |
S.B. NO. |
2442 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to parole hearings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the statutes prohibiting the violation of privacy, sections 711-1110.9 and 711-1111, Hawaii Revised Statutes, do not protect the offenders' victims and do not provide for a way to get offenders the help they need to avoid escalation of behavior from voyeuristic to more serious, contact sexual offenses.
Offenders of these privacy statutes are often called "peeping Toms", are depicted as cartoonish figures, and are commonly believed to be more of a nuisance than dangerous. However, this characterization minimizes the effect of the offenders' actions on their victims. Voyeur victims' lives are frequently disrupted, stripping them of security in their homes or other areas previously considered safe by the victim. Emotional symptoms following the act may be identical to those of rape victims.
Currently, the penalty for violation of privacy in the first degree is a maximum prison term of five years and those convicted of this offense usually serve only two years in prison after being paroled. Voyeurs convicted of violation of privacy in the second degree face even less time in prison, because that offense is classified as only a misdemeanor, subject to a maximum of one year in prison. Neither offense requires the convicted offender to register as a sex offender or even to be evaluated to determine if there is a need for treatment as part of the initial sentence or as a condition of parole.
The resulting "slap on the wrist" for violations of these offenses will likely not deter a voyeur in the future. According to experts who specialize in the treatment of sex offenders, a voyeur generally is manifesting a chronic problem that cannot be addressed by a slap on the wrist, because the behavior is compulsive and the voyeur enjoys the risk inherent in his or her actions. Voyeurs cannot control their need to do these things and will commit these acts even though they know they risk arrest and scandal.
Additionally, voyeurism has been shown to be a "gateway" act that often leads to more serious or violent acts. Voyeurism can be a prelude to breaking and entering, harassment, stalking, and rape. One study by the Federal Bureau of Investigation shows that, of forty-one incarcerated serial rapists (who committed a minimum of ten rapes each), sixty-eight per cent of them engaged in "peeping". Another study concluded that some rapists use peeping and prowling as a means of selecting their victims. Other studies also conclude that a voyeur's "peeping" may only be one type of illegal sexual conduct in which the offender engages. Other types of illegal conduct may include molestation of children and rape.
Although it is difficult to determine whether any single voyeur offender is likely to commit more dangerous or violent acts based on these statistics, the results of a psychosexual evaluation may help to provide these answers for a specific offender. A psychosexual evaluation is designed to, among other things, identify the level of risk for sexual and non–sexual recidivism and to recommend types and intensity of interventions that will be most beneficial, including the appropriate level of care (for example, community versus more secure placement). By requiring an offender to complete a psychosexual evaluation prior to parole, a voyeur in need of treatment can be identified and helped.
The purpose of this Act is to:
(1) Give persons convicted of the offenses of violation of privacy in the first and second degree an opportunity to be evaluated for appropriate treatment prior to being released from imprisonment; and
(2) Give security to the victims of these offenders,
by requiring a psychosexual evaluation of these offenders to be conducted for and considered at the offender's parole hearing.
SECTION 2. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Psychosexual evaluation" means an evaluation that focuses on an individual's sexual development, sexual history, paraphilic interests, sexual adjustment, risk level, and victimology. It also includes a full social history, familial history, employment/school history, case formulation, and specific treatment recommendations."
SECTION 3. Section 706-670, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(1) Parole hearing. A person sentenced
to an indeterminate term of imprisonment shall receive an initial parole
hearing at least one month before the expiration of the minimum term of
imprisonment determined by the Hawaii paroling authority pursuant to section 706-669.
If parole is not granted at that time, additional hearings shall be held at
twelve-month intervals or less until parole is granted or the maximum period of
imprisonment expires. No later than two months prior to a prisoner's
hearing, the authority shall prepare, or cause to be prepared, a psychosexual
evaluation of the prisoner, if the prisoner has been convicted pursuant to
section 711-1110.9 or 711-1111. The authority shall provide a copy of the
evaluation to the prisoner and the prosecuting attorney no later than one month
before the parole hearing. The State shall have the right to be
represented at the initial parole hearing and all subsequent parole hearings by
the prosecuting attorney, who may present written testimony and, make oral comments,
and the authority shall consider the testimony [and], comments,
and psychosexual evaluation, if any, in reaching its decision. The
authority shall notify the appropriate prosecuting attorney of the hearing at
the time the prisoner is given notice of the hearing."
2. By amending subsection (3) to read:
"(3) Prisoner's plan and participation. Each prisoner shall be given reasonable notice of the prisoner's parole hearing and shall prepare a parole plan, setting forth the manner of life the prisoner intends to lead if released on parole, including specific information as to where and with whom the prisoner will reside and what occupation or employment the prisoner will follow. The prisoner shall be paroled in the county where the prisoner had a permanent residence or occupation or employment prior to the prisoner's incarceration, unless the prisoner will: reside in a county in which the population exceeds eight-hundred thousand persons; reside in a county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; or be released for immediate departure from the State. The institutional parole staff shall render reasonable aid to the prisoner in the preparation of the prisoner's plan and in securing information for submission to the authority. In addition, the prisoner shall:
(a) Be permitted to
consult with any persons whose assistance the prisoner reasonably desires,
including the prisoner's own legal counsel[,] and if the prisoner has
been convicted pursuant to section 711‑1110.9 or 711-1111, any appropriate
consultant to refute or address items in the psychosexual evaluation of the
prisoner, in preparing for a hearing before the authority;
(b) Be permitted to be represented and assisted by counsel at the hearing;
(c) Have counsel appointed to represent and assist the prisoner if the prisoner so requests and cannot afford to retain counsel; and
(d) Be informed of the prisoner's rights as set forth in this subsection."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Parole Hearings; Violation of Privacy; Psychosexual Evaluation
Description:
Requires a psychosexual evaluation to be prepared for a prisoner convicted of violation of privacy in the first or second degree prior to the prisoner's parole hearing. Authorizes the Hawaii paroling authority to consider the evaluation when considering parole for the prisoner.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
