| 47 | | - | SECTION 1. The legislature finds that current state laws relating to certain violations of community supervision are resulting in unnecessary, counterproductive, skyrocketing rates of incarceration and severe overcrowding in local jails and prisons. Based on the Final Report of the House Concurrent Resolution No. 85 Task Force on Prison Reform, which was submitted to the legislature before the 2019 regular session, the incarcerated population is increasing at a much faster rate than the State's general population. From 1978 to 2016, the State's overall population increased by fifty-three per cent, while the State's combined jail and prison population increased by six hundred seventy per cent. In 2018, more than twenty-eight thousand Hawaii residents were incarcerated or under some form of probation, parole, or other form of community supervision. According to States of Incarceration: The Global Context 2021, a report of the Prison Policy Initiative, Hawaii has four hundred thirty-nine incarcerated persons for every one hundred thousand overall persons, or an incarcerated population at 0.439 per cent of the overall population, which is higher than in the Philippines (0.200 per cent), South Africa (0.248 per cent), Vermont (0.288 per cent), Russia (0.329 per cent), Turkey (0.332 per cent) and New York (0.376 per cent). The legislature also finds that based on weekly population reports, typically one-fourth of all jail and prison admissions in Hawaii are the result of probation or parole technical violations, which are violations of the terms of legal supervision, other than the commission of certain crimes. Technical violations include: missing an appointment with a probation officer; working at a job during times that extended past a curfew; using alcohol or drugs; failing to report a change in address; or associating with another person under legal supervision, even if that other person had no involvement in the defendant's crime. According to Confined and Costly: How Supervision Violations are Filling Prisons and Burdening Budgets, June 2019, a report of the Council of State Governments Justice Center, in 2017 fifty-three per cent of all prison admissions in the State were the result of technical violations. The legislature further finds that the foregoing practices have unequal impacts. Native Hawaiians, Pacific Islanders, Black people, and poor people are disproportionately overrepresented at every stage of the criminal justice system, including the overcrowded jails and prisons. Research shows that incarceration interferes with employment, housing, health care, child custody, and other life opportunities, and results in negative impacts to families and communities. The legislature also finds that incarceration for technical violations of probation is expensive. The State currently spends $219 per day, or $79,935 per year, to incarcerate just one person. Research shows that, in contrast, community-based services are a fraction of the cost of incarceration. Research also shows that investment in access to employment; housing; social services; and voluntary, community-based substance use treatment, mental health, and re-entry programs reduce recidivism more effectively than incarceration. The purpose of this Act is to reform probation procedures to reduce the incarcerated population. Specifically, this Act: (1) Creates a good time credit system, by which a defendant on probation may reduce the defendant's sentence through compliance with conditions of probation; (2) Provides that a condition of probation that prohibits unnecessary associations may only apply with respect to certain persons having a connection to the defendant's underlying crime or the prosecution of the crime; (3) Provides that a condition of probation that prohibits the possession or use of alcohol or unauthorized drugs may only be imposed if it is reasonably related to the crime for which the defendant was convicted; (4) Provides that substance abuse treatment shall not be required of a defendant on probation if a program is not in the county of the defendant's residence and if the defendant has not been accepted into a program; and (5) Prohibits incarceration for certain technical violations. SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows: "§706- Good time credit system. (1) Notwithstanding any law to the contrary, there shall be a good time credit system through which a defendant may earn credit for compliance with the conditions of a sentence of probation. (2) A defendant shall earn a credit that is worth a reduction of days from the defendant's sentence for every days the defendant is in compliance with the conditions of a sentence of probation. (3) Credits may be forfeited, but only for failure to comply with a condition of a sentence of probation, and only in proportion to the severity of the defendant's failure to comply with the condition. (4) Credits earned under this section shall be earned in addition to any other credits for a criminal sentence that may be earned under applicable law." SECTION 3. Section 706-624, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: "(2) Discretionary conditions. The court may provide, as further conditions of a sentence of probation, to the extent that the conditions are reasonably related to the factors set forth in section 706-606 and to the extent that the conditions involve only deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 706‑606(2), that the defendant: (a) Serve a term of imprisonment to be determined by the court at sentencing in class A felony cases under section 707-702, not exceeding two years in class A felony cases under part IV of chapter 712, not exceeding eighteen months in class B felony cases, not exceeding one year in class C felony cases, not exceeding six months in misdemeanor cases, and not exceeding five days in petty misdemeanor cases; provided that notwithstanding any other provision of law, any order of imprisonment under this subsection that provides for prison work release shall require the defendant to pay thirty per cent of the defendant's gross pay earned during the prison work release period to satisfy any restitution order. The payment shall be handled by the adult probation division and shall be paid to the victim on a monthly basis; (b) Perform a specified number of hours of services to the community as described in section 706-605(1)(d); (c) Support the defendant's dependents and meet other family responsibilities; (d) Pay a fine imposed pursuant to section 706-605(1)(b); (e) Work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip the defendant for suitable employment; (f) Refrain from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the crime or engage in the specified occupation, business, or profession only to a stated degree or under stated circumstances; (g) Refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons[,]; provided that the court shall not prohibit association with any person unless the person has or had any involvement in the crime for which the defendant was convicted, or in any events leading to the arrest, prosecution, or conviction of the defendant; including [the] any victim of the crime, any [witnesses,] witness, regardless of whether [they] the witness actually testified in the prosecution[,]; any law enforcement [officers, co-defendants,] officer; any co-defendant; or any other [individuals with whom contact may adversely affect the rehabilitation or reformation of the person convicted;] relevant individual; (h) Refrain from the use of alcohol or any use of narcotic drugs or controlled substances without a prescription; provided that this condition may only be imposed if the possession or use of alcohol or prohibited drugs is reasonably related to the offense for which the defendant was convicted; (i) Refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon; (j) Undergo available medical or mental health assessment and treatment, including assessment and treatment for substance abuse dependency, and remain in a specified facility if required for that purpose; provided that the court shall not require the defendant to undergo a substance abuse treatment program if no qualifying substance abuse treatment program is available in the county in which the defendant resides, or if no qualifying substance abuse program accepts the defendant, in spite of the defendant's good faith efforts to enter into qualifying substance abuse treatment programs; (k) Reside in a specified place or area or refrain from residing in a specified place or area; (l) Submit to periodic urinalysis or other similar testing procedure; (m) Refrain from entering specified geographical areas without the court's permission; (n) Refrain from leaving the person's dwelling place except to go to and from the person's place of employment, the office of the person's physician or dentist, the probation office, or any other location as may be approved by the person's probation officer pursuant to court order. As used in this paragraph, "dwelling place" includes the person's yard or, in the case of condominiums, the common elements; (o) Comply with a specified curfew; (p) Submit to monitoring by an electronic monitoring device; (q) Submit to a search by any probation officer, with or without a warrant, of the defendant's person, residence, vehicle, or other sites or property under the defendant's control, based upon the probation officer's reasonable suspicion that illicit substances or contraband may be found on the person or in the place to be searched; (r) Sign a waiver of extradition and pay extradition costs as determined and ordered by the court; (s) Comply with a service plan developed using current assessment tools; and (t) Satisfy other reasonable conditions as the court may impose." SECTION 4. 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 otherwise provided in [subsection (7),] this section, 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) The court shall not impose incarceration upon a defendant for the defendant's failure to comply with a condition of probation if the defendant's failure to comply constitutes solely a technical violation. (5) The court shall not revoke probation based on the defendant's failure to undergo and complete a substance abuse treatment program if there is no qualifying substance abuse treatment program available in the county in which the defendant resides, or if no qualifying substance abuse program accepted the defendant, in spite of the defendant's good faith efforts to enter into qualifying substance abuse treatment programs. (6) The court shall not revoke probation based on the defendant's failure to refrain from the use of alcohol, or any use of narcotic drugs or controlled substances without a prescription, unless the possession or use of alcohol or prohibited drugs is reasonably related to the offense for which the defendant was convicted. [(4)] (7) 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)] (8) 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) As used in this section, "conviction" means that a judgment has been pronounced upon the verdict. (7)] (9) 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,] 712-1240.7, 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, except as provided in subsection (5), and incarceration[.], except as provided in subsection (4). 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.] (10) Nothing in [this subsection] subsections (5) or (9) shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider. (11) As used in this section: "Convicted" means that a judgment has been pronounced upon the verdict. "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. "Technical violation" means any conduct that violates a condition of community supervision, other than the commitment of a new misdemeanor offense under chapter 134, chapter 707, or section 709-906, or a new felony offense." SECTION 5. Section 706-626, Hawaii Revised Statutes, is amended to read as follows: "§706-626 Summons or arrest of defendant on probation; commitment without bail. [At] (1) The following may apply any time before the discharge of the defendant or the termination of the period of probation[:], to the extent applicable: [(1)] (a) The court may, in connection with the probation, summon the defendant to appear before it or may issue a warrant for the defendant's arrest; (b) A probation or law enforcement officer, having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order, may, if the failure to comply was a technical violation, issue the defendant a written notice of a court hearing that states the defendant's alleged violation and the date, time, location and purpose of the hearing; [(2)] (c) A probation or law enforcement officer, having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order, may, if the failure to comply was not a technical violation, arrest the defendant without a warrant, and the defendant shall be held in custody pending the posting of bail pursuant to a bail schedule established by the court, or until a hearing date is set; provided that when the punishment for the original offense does not exceed one year, the probation or law enforcement officer may admit the probationer to bail; or [(3)] (d) The court, if there is probable cause to believe that the defendant has committed another crime or has been held to answer therefor, may commit the defendant without bail, pending a determination of the charge by the court having jurisdiction thereof. (2) As used in this section, "technical violation" has the same meaning as in section 706-625." SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The legislature finds that current state laws relating to certain violations of community supervision are resulting in unnecessary, counterproductive, skyrocketing rates of incarceration and severe overcrowding in local jails and prisons. Based on the Final Report of the House Concurrent Resolution No. 85 Task Force on Prison Reform, which was submitted to the legislature before the 2019 regular session, the incarcerated population is increasing at a much faster rate than the State's general population. From 1978 to 2016, the State's overall population increased by fifty-three per cent, while the State's combined jail and prison population increased by six hundred seventy per cent. In 2018, more than twenty-eight thousand Hawaii residents were incarcerated or under some form of probation, parole, or other form of community supervision. According to States of Incarceration: The Global Context 2021, a report of the Prison Policy Initiative, Hawaii has four hundred thirty-nine incarcerated persons for every one hundred thousand overall persons, or an incarcerated population at 0.439 per cent of the overall population, which is higher than in the Philippines (0.200 per cent), South Africa (0.248 per cent), Vermont (0.288 per cent), Russia (0.329 per cent), Turkey (0.332 per cent) and New York (0.376 per cent). The legislature also finds that based on weekly population reports, typically one-fourth of all jail and prison admissions in Hawaii are the result of probation or parole technical violations, which are violations of the terms of legal supervision, other than the commission of certain crimes. Technical violations include: missing an appointment with a probation officer; working at a job during times that extended past a curfew; using alcohol or drugs; failing to report a change in address; or associating with another person under legal supervision, even if that other person had no involvement in the defendant's crime. According to Confined and Costly: How Supervision Violations are Filling Prisons and Burdening Budgets, June 2019, a report of the Council of State Governments Justice Center, in 2017 fifty-three per cent of all prison admissions in the State were the result of technical violations. The legislature further finds that the foregoing practices have unequal impacts. Native Hawaiians, Pacific Islanders, Black people, and poor people are disproportionately overrepresented at every stage of the criminal justice system, including the overcrowded jails and prisons. Research shows that incarceration interferes with employment, housing, health care, child custody, and other life opportunities, and results in negative impacts to families and communities. The legislature also finds that incarceration for technical violations of probation is expensive. The State currently spends $219 per day, or $79,935 per year, to incarcerate just one person. Research shows that, in contrast, community-based services are a fraction of the cost of incarceration. Research also shows that investment in access to employment; housing; social services; and voluntary, community-based substance use treatment, mental health, and re-entry programs reduce recidivism more effectively than incarceration. The purpose of this Act is to reform probation procedures to reduce the incarcerated population. Specifically, this Act: (1) Creates a good time credit system, by which a defendant on probation may reduce the defendant's sentence through compliance with conditions of probation; (2) Provides that a condition of probation that prohibits unnecessary associations may only apply with respect to certain persons having a connection to the defendant's underlying crime or the prosecution of the crime; (3) Provides that a condition of probation that prohibits the possession or use of alcohol or unauthorized drugs may only be imposed if it is reasonably related to the crime for which the defendant was convicted; (4) Provides that substance abuse treatment shall not be required of a defendant on probation if a program is not in the county of the defendant's residence and if the defendant has not been accepted into a program; and (5) Prohibits incarceration for certain technical violations. SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows: "§706- Good time credit system. (1) Notwithstanding any law to the contrary, there shall be a good time credit system through which a defendant may earn credit for compliance with the conditions of a sentence of probation. (2) A defendant shall earn a credit that is worth a reduction of days from the defendant's sentence for every days the defendant is in compliance with the conditions of a sentence of probation. (3) Credits may be forfeited, but only for failure to comply with a condition of a sentence of probation, and only in proportion to the severity of the defendant's failure to comply with the condition. (4) Credits earned under this section shall be earned in addition to any other credits for a criminal sentence that may be earned under applicable law." SECTION 3. Section 706-624, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: "(2) Discretionary conditions. The court may provide, as further conditions of a sentence of probation, to the extent that the conditions are reasonably related to the factors set forth in section 706-606 and to the extent that the conditions involve only deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 706-606(2), that the defendant: (a) Serve a term of imprisonment to be determined by the court at sentencing in class A felony cases under section 707-702, not exceeding two years in class A felony cases under part IV of chapter 712, not exceeding eighteen months in class B felony cases, not exceeding one year in class C felony cases, not exceeding six months in misdemeanor cases, and not exceeding five days in petty misdemeanor cases; provided that notwithstanding any other provision of law, any order of imprisonment under this subsection that provides for prison work release shall require the defendant to pay thirty per cent of the defendant's gross pay earned during the prison work release period to satisfy any restitution order. The payment shall be handled by the adult probation division and shall be paid to the victim on a monthly basis; (b) Perform a specified number of hours of services to the community as described in section 706-605(1)(d); (c) Support the defendant's dependents and meet other family responsibilities; (d) Pay a fine imposed pursuant to section 706-605(1)(b); (e) Work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip the defendant for suitable employment; (f) Refrain from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the crime or engage in the specified occupation, business, or profession only to a stated degree or under stated circumstances; (g) Refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons[,]; provided that the court shall not prohibit association with any person unless the person has or had any involvement in the crime for which the defendant was convicted, or in any events leading to the arrest, prosecution, or conviction of the defendant; including [the] any victim of the crime, any [witnesses,] witness, regardless of whether [they] the witness actually testified in the prosecution[,]; any law enforcement [officers, co-defendants,] officer; any co-defendant; or any other [individuals with whom contact may adversely affect the rehabilitation or reformation of the person convicted;] relevant individual; (h) Refrain from the use of alcohol or any use of narcotic drugs or controlled substances without a prescription; provided that this condition may only be imposed if the possession or use of alcohol or prohibited drugs is reasonably related to the offense for which the defendant was convicted; (i) Refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon; (j) Undergo available medical or mental health assessment and treatment, including assessment and treatment for substance abuse dependency, and remain in a specified facility if required for that purpose; provided that the court shall not require the defendant to undergo a substance abuse treatment program if no qualifying substance abuse treatment program is available in the county in which the defendant resides, or if no qualifying substance abuse program accepts the defendant, in spite of the defendant's good faith efforts to enter into qualifying substance abuse treatment programs; (k) Reside in a specified place or area or refrain from residing in a specified place or area; (l) Submit to periodic urinalysis or other similar testing procedure; (m) Refrain from entering specified geographical areas without the court's permission; (n) Refrain from leaving the person's dwelling place except to go to and from the person's place of employment, the office of the person's physician or dentist, the probation office, or any other location as may be approved by the person's probation officer pursuant to court order. As used in this paragraph, "dwelling place" includes the person's yard or, in the case of condominiums, the common elements; (o) Comply with a specified curfew; (p) Submit to monitoring by an electronic monitoring device; (q) Submit to a search by any probation officer, with or without a warrant, of the defendant's person, residence, vehicle, or other sites or property under the defendant's control, based upon the probation officer's reasonable suspicion that illicit substances or contraband may be found on the person or in the place to be searched; (r) Sign a waiver of extradition and pay extradition costs as determined and ordered by the court; (s) Comply with a service plan developed using current assessment tools; and (t) Satisfy other reasonable conditions as the court may impose." SECTION 4. 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 otherwise provided in [subsection (7),] this section, 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) The court shall not impose incarceration upon a defendant for the defendant's failure to comply with a condition of probation if the defendant's failure to comply constitutes solely a technical violation. (5) The court shall not revoke probation based on the defendant's failure to undergo and complete a substance abuse treatment program if there is no qualifying substance abuse treatment program available in the county in which the defendant resides, or if no qualifying substance abuse program accepted the defendant, in spite of the defendant's good faith efforts to enter into qualifying substance abuse treatment programs. (6) The court shall not revoke probation based on the defendant's failure to refrain from the use of alcohol, or any use of narcotic drugs or controlled substances without a prescription, unless the possession or use of alcohol or prohibited drugs is reasonably related to the offense for which the defendant was convicted. [(4)] (7) 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)] (8) 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) As used in this section, "conviction" means that a judgment has been pronounced upon the verdict. (7)] (9) 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, except as provided in subsection (5), and incarceration[.], except as provided in subsection (4). 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.] (10) Nothing in this subsection or subsection (5) shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider. (11) As used in this section: "Convicted" means that a judgment has been pronounced upon the verdict. "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. "Technical violation" means any conduct that violates a condition of community supervision, other than the commitment of a new misdemeanor offense under chapter 134, chapter 707, or section 709-906, or a new felony offense." SECTION 5. Section 706-626, Hawaii Revised Statutes, is amended to read as follows: "§706-626 Summons or arrest of defendant on probation; commitment without bail. [At] (1) The following may apply any time before the discharge of the defendant or the termination of the period of probation[:], to the extent applicable: [(1)] (a) The court may, in connection with the probation, summon the defendant to appear before it or may issue a warrant for the defendant's arrest; (b) A probation or law enforcement officer, having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order, may, if the failure to comply was a technical violation, issue the defendant a written notice of a court hearing that states the defendant's alleged violation and the date, time, location and purpose of the hearing; [(2)] (c) A probation or law enforcement officer, having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order, may, if the failure to comply was not a technical violation, arrest the defendant without a warrant, and the defendant shall be held in custody pending the posting of bail pursuant to a bail schedule established by the court, or until a hearing date is set; provided that when the punishment for the original offense does not exceed one year, the probation or law enforcement officer may admit the probationer to bail; or [(3)] (d) The court, if there is probable cause to believe that the defendant has committed another crime or has been held to answer therefor, may commit the defendant without bail, pending a determination of the charge by the court having jurisdiction thereof. (2) As used in this section, "technical violation" has the same meaning as in section 706-625." SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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