Bill Text: HI SB776 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 776 (Prior Session Legislation)

Introduced

Bill Title: Crime Victims; Notification

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB776 Detail]

Download: Hawaii-2010-SB776-Introduced.html

Report Title:

Crime Victims; Notification

Description:

Establishes a statewide automated victim notification system to provide victims of crime with current information regarding the custody status of the offender in the victim's case.

THE SENATE	S.B. NO.	776
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO AN AUTOMATED VICTIM NOTIFICATION SYSTEM.

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

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . AUTOMATED VICTIM NOTIFICATION SYSTEM

§353-A Definitions. For purposes of this part:

"Department" means the department of public safety.

"System" means the statewide victim information and notification system.

"Victim" means the same as defined in section 801D-2 and includes, in homicide cases, surviving immediate family members, as defined in section 801D-2.

§353-B System; requirements. (a) The department shall establish a statewide-automated victim information and notification system to do the following:

(1) Automatically notify a registered victim via the victim's choice of telephone, letter, or electronic mail transmission when an offender in the custody of the department:

(A) Is transferred or assigned to another facility;

(B) Is transferred to the custody of another agency outside the State;

(D) Is released on temporary leave or other reason;

(E) Is discharged;

(F) Has escaped; or

(G) Has been served with a protective order requested by the victim;

(2) Automatically notify a registered victim via the victim's choice of telephone, letter, or email, when an offender has:

(A) An upcoming court event where the victim is entitled to be present;

(B) An upcoming parole or probation hearing; or

(i) A change in the offender's supervision status; or

(ii) A change in the offender's address;

(3) Automatically notify a registered victim via the victim's choice of telephone, letter, or email when a sex offender has:

(A) Updated the offender's profile information with the state sex offender registry pursuant to chapter 846E; or

(B) Become noncompliant with the state sex offender registry;

(4) Permit a crime victim to receive the most recent status report for an offender in the department or sex offender registry by calling the system on a toll-free telephone number as well as by accessing the system via a public web site;

(5) Provide all victims calling the system with the option to receive live operator assistance with the system on a twenty-four-hour per day, three hundred sixty-five-day per year basis; and

(6) Permit a crime victim to register or update the victim's registration information for the system by calling a toll-free telephone number or accessing a public web site.

(b) The prosecuting agency shall notify the victim of the victim's right to register in the system established pursuant to this part. It shall be the responsibility of the victim to register with the system.

§353-C Rights of victims in criminal proceedings. Participation in the system and making offender and case data available on a timely basis to the system shall be deemed compliance with the obligation of the department, the police, and the prosecuting attorney to notify the crime victim of an offender's custody status and the status of the offender's upcoming court events pursuant to chapter 801D.

§353-D Compliance by department; no cause of action. The department shall ensure the offender information contained within the system is updated frequently enough to timely notify a crime victim of an offender's release, discharge, or escape. However, failure of the system to provide notice to the victim shall not establish a separate cause of action by the victim against the State, any county, or any state or county agency, officer, or employee.

§353-E Law enforcement cooperation. The attorney general, chiefs of police, and county prosecuting attorneys shall cooperate with the department in establishing and maintaining the automated victim notification system.

§353-F Funding. The department shall administer the system. The cost of establishing and administering the system shall be paid with appropriations made to the department and from federal grants and contracts."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act shall take effect on July 1, 2009.