Bill Text: HI SB433 | 2016 | Regular Session | Introduced

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Bill Title: OHA Package; Corrections; Incarcerated Parents; Data Collection

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB433 Detail]

Download: Hawaii-2016-SB433-Introduced.html

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THE SENATE	S.B. NO.	433
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to incarcerated parents.

 

 

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

 

     SECTION 1.  The legislature finds that the State has a significant interest in addressing the unique needs of children in Hawai‘i with incarcerated parents.  Act 250, Session Laws of Hawai‘i 2007, acknowledged the growing body of research demonstrating that children with incarcerated parents often suffer great trauma due to the multitudinous negative consequences resulting from their parents' incarceration.  Those consequences may include separation from their parent or parents, displacement from their home, social stigma, emotional isolation, and financial strain on their caregivers.

     As a result, children with incarcerated parents often suffer from emotional distress, developmental challenges, poor academic performance, aggressive behavior, and truancy, and may more frequently become involved with the criminal justice system.  Accordingly, Act 8, First Special Session Laws of Hawai‘i 2007, noted that "[o]ne of the most significant social costs of incarceration is its impact on children."

     The legislature further finds that there continues to be a lack of rudimentary data necessary to address the unique needs of children in Hawai‘i with incarcerated parents.  Act 250 noted the concern that there has historically been "no means of determining the exact number of incarcerated individuals with minor children in Hawaii as no procedure is in place for collecting such data."  In both 2006 and 2008, a legislatively convened task force recommended that the department of public safety and other state agencies coordinate the systemic collection of information on incarcerated parents and their children, for data analysis and service provision purposes.  Notwithstanding these concerns and recommendations, Hawai‘i still has no system in place to identify incarcerated parents and their children, or to collect information about them and their needs.

     Accordingly, the purpose of this Act is to require department of public safety intake centers to conduct or coordinate the collection of data on incarcerated parents and their children in order to identify and address the unique needs of this population.

     SECTION 2.  Section 353-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The centers shall:

     (1)  Provide orientation, guidance, and technical services;

     (2)  Provide social-medical-psychiatric-psychological diagnostic evaluation;

     (3)  Conduct internal pretrial risk assessments on adult offenders within three working days of admission to a community correctional center which shall then be provided to the court for its consideration; provided that this paragraph shall not apply to persons subject to county or state detainers, holds, or persons detained without bail, persons detained for probation violation, persons facing revocation of bail or supervised release, and persons who have had a pretrial risk assessment completed prior to admission to a community correctional center. For purposes of this [[]paragraph[]], "pretrial risk assessment" means an objective, research-based, validated assessment tool that measures a defendant's risk of flight and risk of criminal conduct while on pretrial release pending adjudication;

     (4)  Provide correctional prescription program planning and security classification;

     (5)  Provide other personal and correctional services as needed for both detained and committed persons;

     (6)  Monitor and record the progress of persons assigned to correctional facilities who undergo further treatment or who participate in prescribed correctional programs;

     (7)  Provide continuing supervision and control of persons ordered to be placed on pretrial supervision by the court and persons ordered by the director; [and]

     (8)  Provide pretrial bail reports to the courts on adult offenders that are consented to by the defendant or that are ordered by the court.  The pretrial bail reports shall be confidential and shall not be deemed to be public records.  A copy of a pretrial bail report shall be provided only:

         (A)  To the defendant or defendant's counsel;

         (B)  To the prosecuting attorney;

         (C)  To the department of public safety;

         (D)  To any psychiatrist, psychologist, or other treatment practitioner who is treating the defendant pursuant to a court order;

         (E)  Upon request, to the adult client services branch; and

         (F)  In accordance with applicable laws, persons, or entities doing research[.]; and

     (9)  Collect or coordinate the collection of data on the number of incarcerated parents, the number of minor children with incarcerated parents, and other information about children with incarcerated parents that the department deems useful to facilitate the provision of services to incarcerated parents and their children."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

OHA Package; Corrections; Incarcerated Parents; Data Collection

 

Description:

Requires PSD intake service centers to coordinate the collection of data regarding incarcerated parents.

 

 

 

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