Bill Text: HI SB257 | 2012 | Regular Session | Introduced
Bill Title: Corrections; Correctional Impact Statement
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB257 Detail]
Download: Hawaii-2012-SB257-Introduced.html
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THE SENATE |
S.B. NO. |
257 |
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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 public safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the overrepresentation of native Hawaiians in the criminal justice system is an issue that has not been adequately addressed.
The discussion of native Hawaiian social well-being has highlighted some of that community's greatest strengths: the inclusive nature of 'ohana, the cohesive power of communities, and the growing sense of cultural identity. However, the multiple stressors and social imbalances within the native Hawaiian community have led to troubling outcomes, including antisocial, self-destructive, and criminal behavior, that are amplified by an enforcement and justice system in which inequality is an ongoing reality.
The rates of arrest and incarceration for native Hawaiians are among the highest of all major ethnic groups in the state. The disproportionately high number of young native Hawaiian men and women in the state's correctional system has profound implications for native Hawaiian education. Educational and other opportunities are severely limited for incarcerated adults. Native Hawaiian children of inmates are also at increased risk of growing up without a parent to support them through critical stages of growth and development. Moreover, deviant activities which lead to arrests and incarceration, such as crime and drug use, directly influence the safety and stability of communities, which may further hinder the educational prospects for native Hawaiian children and adults.
The purpose of this Act is to require a correctional impact statement to accompany any bill that is filed in a regular session that passes second reading in the originating body and that creates a new criminal offense, significantly changes an existing public offense or the penalty for an existing offense, or changes existing sentencing, parole, or probation procedures.
SECTION 2. Chapter 21, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§21- Correctional impact statement. (a) A correctional impact statement shall accompany any bill that is filed in a regular session that passes second reading in the originating body and that proposes to create a new offense, amend an existing offense or the penalty thereto, or change existing sentencing, parole, or probation procedures.
(b) The correctional impact statement shall address the following issues concerning the bill:
(1) Estimated number of new criminal cases per year;
(2) Fiscal impact of additional persons confined, including a reasonable estimate of the immediate effect and the long-range impact upon correctional facility capacity;
(3) Projected impact on the social and economic conditions of native Hawaiians;
(4) Projected impact on at-risk communities;
(5) Impact upon existing correctional institutions, community-based correctional facilities and services,
and jails, including the probability that the legislation may create a need for additional facility capacity;
(6) Projected impact of sentencing provisions on future criminal justice and corrections populations and resources; and
(7) Other relevant factors as indicated by the legislation.
The correctional impact statement shall rely on available factual data. For purposes of paragraph (6), upon request of the introducer of the bill, the corrections population management commission under section 353F- shall assist the introducer."
SECTION 3. Chapter 353F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353F- Correctional impact statement; assistance in preparation. The corrections population management commission shall assist in the preparation of a correctional impact statement of a bill as provided in section 21- , by applying the sentencing simulation model created under Act 267, Session Laws of Hawaii 2000, to assess the correctional impact of the bill on the corrections population."
SECTION 4. New statutory material is underscored
SECTION 5. This Act shall take effect on January 1, 2113.
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INTRODUCED BY: |
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Report Title:
Corrections; Correctional Impact Statement
Description:
Requires bills that amend or create new offenses, or change parole or probation procedures, to be accompanied by a correctional impact statement. Requires assistance of the corrections population management commission to prepare corrections impact statement. Effective January 1, 2113.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
