Bill Text: HI SB2556 | 2024 | Regular Session | Amended
Bill Title: Relating To The Community Outreach Court.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed) 2024-04-26 - Conference committee meeting to reconvene on 04-26-24 5:40 PM; CR 325. [SB2556 Detail]
Download: Hawaii-2024-SB2556-Amended.html
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THE SENATE |
S.B. NO. |
2556 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
To help address these issues, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community court outreach project to make court appearances more accessible for homeless persons. The legislature formalized a community court outreach project in Act 55, Session Laws of Hawaii 2017. The court's goal is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community. Court sessions are held in community locations where large homeless populations are located. The court may resolve active charges and impose alternative sentencing in cases where the offender is unable to pay fines and fees. Resolving an offender's pending cases, and avoiding bench warrants, leaves the offender in a better position to obtain basic necessities, including employment, income assistance, and housing. Community court outreach social workers may also assess offender needs for mental health services, substance abuse treatment, sustenance or shelter assistance, or other appropriate social services. The social worker may also help arrange other referred services.
The legislature recognizes that the project has been successful. Since its inception, the project has addressed more than ten thousand cases, recalled more than nine hundred bench warrants, lifted more than six thousand driver license stoppers, and assisted more than six hundred participants with social services or referrals.
Accordingly, the purpose of this Act is to permanently establish and appropriate moneys relating to the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Community outreach court; establishment. (a) The community outreach court is established
as a division of the district court of the first circuit.
(b) The community outreach court shall be held at
any duly designated location within the first judicial circuit by any
designated judge of the community outreach court.
§ -2 Jurisdiction.
(a)
The community outreach court shall have concurrent jurisdiction with all
district courts of the first circuit to consider and adjudicate nonviolent, non‑felony
criminal and traffic offenses, including traffic infractions under chapter
291D, charged to offenders deemed appropriate, after application and
acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the
community outreach court shall exercise general equity powers as authorized by
law. Nothing in this chapter shall be
construed to limit the jurisdiction and authority of any judge designated as a
judge of the community outreach court on matters within the scope of this
chapter.
§ -3
Principles and components of the court.
The
community outreach court shall:
(1) Facilitate the early identification and timely placement of eligible offenders;
(2) Foster cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Impose alternative sentencing, including community service sentences, and support the offender's participation in programs based on the offender's needs, including mental health services, substance abuse treatment, sustenance or shelter assistance, or other social services;
(4) Establish a coordinated strategy to respond to an offender's compliance or noncompliance with the offender's sentence; and
(5) Encourage partnerships between the court, public agencies, community-based organizations, and other entities, to maximize the court's effectiveness."
SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.
SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 5. 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 2024-2025 to establish permanent positions in support of the community outreach court, including:
(1) $ each for four full-time equivalent (4.0 FTE) court clerk positions;
(2) $ for one full-time equivalent (1.0 FTE) court bailiff position;
(3) $ for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and
(4) $ each for three full-time equivalent (3.0 FTE) adult client services position.
The sum appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 6. 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 2024-2025 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.
The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act.
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 2024-2025 for permanent positions in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy public defender;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0) FTE) social worker or mental health worker, assigned to the office of the public defender.
The sum appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 8. 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 2024-2025 for permanent positions in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) legal assistant.
The sum appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 9. 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 2024-2025 for the operations of the community outreach court, including security, equipment, training, and other operational needs.
The sum appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. This Act shall take effect on July 1, 2050.
Report Title:
Judiciary; Community Outreach Court; Homeless; General Fund Expenditure Ceiling Exceeded; Appropriations
Description:
Permanently
establishes and appropriates moneys relating to the Community Outreach Court as
a division of the District Court of the First Circuit. Declares that the appropriations exceed the
state general fund expenditure ceiling for 2024-2045. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
