Bill Text: HI SB2920 | 2016 | Regular Session | Introduced
Bill Title: Release of Certain Misdemeanants
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-29 - Referred to PSM/JDL, WAM. [SB2920 Detail]
Download: Hawaii-2016-SB2920-Introduced.html
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THE SENATE |
S.B. NO. |
2920 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE RELEASE OF CERTAIN MISDEMEANANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§353-__ Release of pretrial and sentenced misdemeanants to prevent overcrowding. (a) Notwithstanding chapter 804 and any other law to the contrary and except as provided in subsection (b), the director may order the release of a pre-trial or sentenced misdemeanant on recognizance to prevent overcrowding when a community correctional center has reached capacity, as determined by the director. The director's order shall supersede and have the same force and effect as an order entered by a court pursuant to chapter 804. A copy of the director's order shall be filed with the court in which the charge against the inmate is pending. "Sentenced misdemeanant" for this section means misdemeanant or petty misdemeanant sentenced pursuant to section 706-663.
(b) No person who has been denied bail or whose bail has been set at more than $5,000 pursuant to chapter 804, or who has been charged with or convicted of or is on probation or parole for a serious crime, as defined in section 804-3, shall be eligible for release pursuant to this section.
(c) The authority to release a pre-trial or sentenced misdemeanant pursuant to this section is granted solely for the purpose of managing the population of the community correctional centers and nothing herein shall be construed as granting any person the right to be released. An order releasing a pre-trial or sentenced misdemeanant pursuant to this section shall not operate to dismiss or otherwise terminate any charges then pending against the pre-trial or sentenced misdemeanant.
(d) The State, its officers, and employees, shall not be subject to any civil liability or penalty, nor to any criminal prosecution, for any error in judgment or discretion made in good faith and upon reasonable grounds in any action taken or omitted by the State, its officers, and employees, in an official capacity under this section.
(e) The director shall adopt policies and procedures for the release of pre-trial and sentenced misdemeanants pursuant to this section.
§353-__ Terms and conditions of release; violations; sanctions. (a) A pre-trial or sentenced misdemeanant released pursuant to section 353- shall be subject to the conditions stated in section 804-7.4. In addition, the director may impose any of the conditions that a court is authorized to impose pursuant to section 804-7.1 and shall impose any conditions contained in any court order superseded by the director's order.
(b) Intentional violations of the conditions of release shall be disposed of as provided in sections 804-7.2 and 804-7.3."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act, upon its approval, shall take effect on July 1, 2016.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Release of Certain Misdemeanants
Description:
Defines the circumstance for the Director of Public Safety to release pre-trial and sentenced misdemeanants at community correctional centers.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
