Bill Text: HI SB2218 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Programs For Criminal Offenders.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2018-01-22 - Referred to JDC. [SB2218 Detail]

Download: Hawaii-2018-SB2218-Introduced.html

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THE SENATE	S.B. NO.	2218
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to PROGRAMS FOR CRIMINAL OFFENDERS.

 

 

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

 

     SECTION 1.  The legislature finds that mental impairments, including substance addiction and psychiatric disorders, are a major cause of chronic homelessness and the habitual commission of crimes.  The impaired mental state of offenders often interferes with their ability to make rational decisions, and many resist services such as psychiatric care, drug abuse treatment, offers of shelter, and other assistance that could improve their lives and lessen their propensity to commit crimes.

     The United States Supreme Court held that unless someone is convicted of a crime, or is adjudicated to be an imminent danger to themselves or others, compelling that person to undergo psychiatric treatment, drug abuse counseling, or other forms of assistance is unconstitutional.  This creates vexing problems when impaired persons exercise their constitutional right to refuse services, but find it difficult to live as they choose without continually committing crimes that destroy the quality of life for others.  Moreover, under the current penal code, impaired offenders who accept services and overcome addiction or mental illness find that their extensive criminal records serve as a barrier to employment and housing.

     The legislature further finds that the Hawaii's opportunity probation with enforcement program, commonly known as H.O.P.E., has been successful in helping offenders avoid committing further crimes.  Under H.O.P.E., courts closely supervise probationers and may require them to perform community services; enroll in job training; undergo psychiatric or substance abuse treatment; and refrain from certain activities or avoid certain places.  H.O.P.E. also provides "swift and sure" punishment for violating probation rules, followed by multiple opportunities for redemption.  Consequently, the program has reduced the recidivism rates of habitual felons by about sixty-five per cent.

     The purpose of this Act is to:

     (1)  Codify the option of the courts to sentence offenders, including misdemeanants, to probation under H.O.P.E. or other programs that offer an alternative to standard probation or incarceration;

     (2)  Enable impaired offenders to convert the remainder of their existing sentences to H.O.P.E. probation or participation in other programs that provide an alternative to incarceration;

     (3)  Enable courts to seal the records of impaired offenders who successfully complete their term of H.O.P.E.;

     (4)  Enable impaired offenders who have completed their sentences to have their records sealed in a civil action, in return for successfully completing a course of treatment and rehabilitative endeavors to be determined by the court; and

     (5)  Require the unsealing of a previously sealed record if that offender is later convicted of a subsequent offense.

     This Act shall be known and may be cited as the "Records Sealed for H.O.P.E. Act".

     SECTION 2.  Section 706-605.1, Hawaii Revised Statutes, is amended to read as follows:

     "§706-605.1  Intermediate sanctions; eligibility; criteria and conditions.  (1)  The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.

     (2)  Defendants may be considered for sentencing to alternative programs if they have not been convicted of a non-probationable class A felony.

     (3)  A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.

     (4)  As used in this section, "alternative programs" means programs [that are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and] that are intended to provide an alternative to incarceration.  Alternative programs may include:

     (a)  House arrest, or curfew using electronic monitoring and surveillance, or both;

     (b)  Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;

     (c)  Therapeutic residential and nonresidential programs, including secure drug treatment facilities; [and]

     (d)  The Hawaii's opportunity probation with enforcement program and other programs that provide close supervision of probationers, immediate sanctions for violating their terms of probation, and supportive services with opportunities for redemption; and

     (e)  Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.

     (5)  Any defendant who:

     (a)  Was impaired by substance addiction, mental illness, homelessness, or other catastrophic affliction at the time of committing any offense;

     (b)  Has not been convicted of a felony; and

     (c)  Is currently incarcerated or serving a term of standard probation,

upon demonstration that the defendant is likely to successfully complete one or more alternative programs and will not commit a  subsequent offense, may serve the remainder of the defendant's term through alternative programs, upon approval of a court.

     (6)  Any defendant who:

     (a)  Was impaired by substance addiction, mental illness, homelessness, or other catastrophic affliction at the time of committing any offense;

     (b)  Has not been convicted of a felony; and

     (c)  Successfully completes all alternative programs sentenced by a court,

may, at a hearing on the motion, or sua sponte, have the defendant's criminal record sealed.  Any record sealed pursuant to this subsection shall be unsealed upon conviction by the defendant for a subsequent offense, or by a court for cause."

     SECTION 3.  Section 706-630, Hawaii Revised Statutes, is amended to read as follows:

     "§706-630  Discharge of defendant.  (1)  Upon the termination of the period of the probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied the disposition of the court, except as to any action under this chapter to collect unpaid fines, restitution, attorney's fees, costs, or interest.

     (2)  Any defendant who:

     (a)  Was previously discharged pursuant to subsection (1);

     (b)  Was impaired by substance addiction, mental illness, homelessness, or other catastrophic affliction at the time of committing any offense; and

     (c)  Has not been convicted of a felony,

may initiate a civil action for the purpose of sealing the defendant's criminal record in exchange for successfully completing a course of therapeutic and rehabilitative endeavors to be determined by the court.  Any record sealed pursuant to this subsection shall be unsealed upon conviction by the defendant for a subsequent offense, or by a court for cause."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Crime; Mental Health; HOPE; H.O.P.E.; Hawaii's Opportunity Probation with Enforcement; Judiciary

 

Description:

Codifies the option of the courts to sentence defendants to probation under the H.O.P.E. program.  Authorizes current impaired offenders to convert the remainder of their terms to the H.O.P.E. program.  Authorizes courts to seal the criminal records of impaired offenders who complete various alternative programs to sentencing.  Authorizes impaired offenders who have completed their sentences to have their criminal records sealed in exchange for completing a course of treatment and rehabilitative endeavors.  Requires that an impaired offender's sealed criminal record be unsealed upon conviction of a subsequent offense.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.