Hawaii 2022 Regular Session

Hawaii House Bill HB1295 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1295 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PROBATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1295
4	4	THIRTY-FIRST LEGISLATURE, 2021
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9	9	H.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO PROBATION.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows: "§571- Mandatory revocation of probation; sexual assault; strict compliance. Notwithstanding any provision of this part to the contrary, the court shall revoke probation if the child has failed to strictly comply with any condition of the order, if the offense for which the child was placed on probation was any sexual assault offense under part V of chapter 707 and the victim of the offense was an individual under the age of eighteen when the offense was committed." SECTION 2. Section 706-625, Hawaii Revised Statutes, is amended to read as follows: "§706-625 Revocation, modification of probation conditions. (1) The court, on application of a probation officer, the prosecuting attorney, the defendant, or on its own motion, after a hearing, may revoke probation except as provided in subsection (7), reduce or enlarge the conditions of a sentence of probation, pursuant to the provisions applicable to the initial setting of the conditions and the provisions of section 706-627. (2) The prosecuting attorney, the defendant's probation officer, and the defendant shall be notified by the movant in writing of the time, place, and date of any such hearing, and of the grounds upon which action under this section is proposed. The prosecuting attorney, the defendant's probation officer, and the defendant may appear in the hearing to oppose or support the application, and may submit evidence for the court's consideration. The defendant shall have the right to be represented by counsel. For purposes of this section the court shall not be bound by the Hawaii rules of evidence, except for the rules pertaining to privileges. (3) The court shall revoke probation if the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or has been convicted of a felony. The court may revoke the suspension of sentence or probation if the defendant has been convicted of another crime other than a felony. (4) Notwithstanding subsection (3), the court shall revoke probation if the defendant has failed to strictly comply with any condition of the order, if the offense for which the defendant was sentenced to probation was any sexual assault offense under part V of chapter 707 and the victim of the offense was a minor under the age of eighteen when the offense was committed. [(4)] (5) The court may modify the requirements imposed on the defendant or impose further requirements, if it finds that such action will assist the defendant in leading a law-abiding life. [(5)] (6) When the court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which the defendant was convicted. [(6)] (7) As used in this section, "conviction" means that a judgment has been pronounced upon the verdict. [(7)] (8) The court may require a defendant to undergo and complete a substance abuse treatment program when the defendant has committed a violation of the terms and conditions of probation involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, unlawful methamphetamine trafficking as provided in section 712-1240.6, or involving possession or use of drug paraphernalia under section 329-43.5. If the defendant fails to complete the substance abuse treatment program or the court determines that the defendant cannot benefit from any other suitable substance abuse treatment program, the defendant shall be subject to revocation of probation and incarceration. The court may require the defendant to: (a) Be assessed by a certified substance abuse counselor for substance abuse dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index; (b) Present a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program; (c) Contribute to the cost of the substance abuse treatment program; and (d) Comply with any other terms and conditions of probation. As used in this subsection, "substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors. Nothing in this subsection shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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: _____________________________
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49	49	SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
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51	51	"§571- Mandatory revocation of probation; sexual assault; strict compliance. Notwithstanding any provision of this part to the contrary, the court shall revoke probation if the child has failed to strictly comply with any condition of the order, if the offense for which the child was placed on probation was any sexual assault offense under part V of chapter 707 and the victim of the offense was an individual under the age of eighteen when the offense was committed."
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53	53	SECTION 2. Section 706-625, Hawaii Revised Statutes, is amended to read as follows:
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55	55	"§706-625 Revocation, modification of probation conditions. (1) The court, on application of a probation officer, the prosecuting attorney, the defendant, or on its own motion, after a hearing, may revoke probation except as provided in subsection (7), reduce or enlarge the conditions of a sentence of probation, pursuant to the provisions applicable to the initial setting of the conditions and the provisions of section 706-627.
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57	57	(2) The prosecuting attorney, the defendant's probation officer, and the defendant shall be notified by the movant in writing of the time, place, and date of any such hearing, and of the grounds upon which action under this section is proposed. The prosecuting attorney, the defendant's probation officer, and the defendant may appear in the hearing to oppose or support the application, and may submit evidence for the court's consideration. The defendant shall have the right to be represented by counsel. For purposes of this section the court shall not be bound by the Hawaii rules of evidence, except for the rules pertaining to privileges.
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59	59	(3) The court shall revoke probation if the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or has been convicted of a felony. The court may revoke the suspension of sentence or probation if the defendant has been convicted of another crime other than a felony.
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61	61	(4) Notwithstanding subsection (3), the court shall revoke probation if the defendant has failed to strictly comply with any condition of the order, if the offense for which the defendant was sentenced to probation was any sexual assault offense under part V of chapter 707 and the victim of the offense was a minor under the age of eighteen when the offense was committed.
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63	63	[(4)] (5) The court may modify the requirements imposed on the defendant or impose further requirements, if it finds that such action will assist the defendant in leading a law-abiding life.
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65	65	[(5)] (6) When the court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which the defendant was convicted.
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67	67	[(6)] (7) As used in this section, "conviction" means that a judgment has been pronounced upon the verdict.
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69	69	[(7)] (8) The court may require a defendant to undergo and complete a substance abuse treatment program when the defendant has committed a violation of the terms and conditions of probation involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, unlawful methamphetamine trafficking as provided in section 712-1240.6, or involving possession or use of drug paraphernalia under section 329-43.5. If the defendant fails to complete the substance abuse treatment program or the court determines that the defendant cannot benefit from any other suitable substance abuse treatment program, the defendant shall be subject to revocation of probation and incarceration. The court may require the defendant to:
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71	71	(a) Be assessed by a certified substance abuse counselor for substance abuse dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index;
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73	73	(b) Present a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program;
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75	75	(c) Contribute to the cost of the substance abuse treatment program; and
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77	77	(d) Comply with any other terms and conditions of probation.
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79	79	As used in this subsection, "substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors.
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81	81	Nothing in this subsection shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider."
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83	83	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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85	85	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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87	87	SECTION 5. This Act shall take effect upon its approval.
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91	91	INTRODUCED BY: _____________________________
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93	93	INTRODUCED BY:
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101	101	Report Title: Probation; Sexual Assault; Minors; Defendants Description: Requires a court to revoke probation if the probationer has failed to strictly comply with any condition of the order, if the offense for which the probationer was sentenced was a sexual assault offense and the victim of the offense was a minor under the age of 18 when the offense was committed. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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107	107	Report Title:
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109	109	Probation; Sexual Assault; Minors; Defendants
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113	113	Description:
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115	115	Requires a court to revoke probation if the probationer has failed to strictly comply with any condition of the order, if the offense for which the probationer was sentenced was a sexual assault offense and the victim of the offense was a minor under the age of 18 when the offense was committed.
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123	123	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.