| 47 | | - | SECTION 1. 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; provided that this paragraph shall not apply to persons subject to county or state detainers or holds, 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 an offender's risk of flight, risk of criminal conduct, and risk of violence or harm to any person or the general public while on pretrial release pending adjudication. The pretrial risk assessment tool and procedures associated with its administration shall be periodically reviewed and subject to further validation at least every five years to evaluate the effectiveness of the tool and the procedures associated with its administration. The findings of periodic reviews shall be publicly reported; (4) Conduct internal pretrial female risk and needs assessments on adult female offenders within three working days of admission to a community correctional center; provided that this paragraph shall not apply to persons subject to county or state detainers or holds, persons detained without bail, persons detained for probation violation, persons facing revocation of bail or supervised release, and persons who have had a pretrial female risk and needs assessment completed prior to admission to a community correctional center. The pretrial female risk and needs assessment tool shall consider factors important to evaluate a woman's risk of reoffending, including but not limited to rates of physical and sexual abuse prior to becoming an offender, and a woman's specialized treatment needs. The pretrial female risk and needs assessment tool and procedures associated with its administration shall be periodically reviewed and subject to further validation at least every five years to evaluate the effectiveness of the tool and the procedures associated with its administration. The findings of periodic reviews shall be publicly reported. For purposes of this paragraph, "pretrial female risk and needs assessment" means an objective, research-based, validated assessment tool that measures a female offender's risk of flight, risk of criminal conduct, and risk of violence or harm to any person or the general public while on pretrial release pending adjudication; [(4)] (5) Provide correctional prescription program planning and security classification; [(5)] (6) Provide other personal and correctional services as needed for both detained and committed persons; [(6)] (7) Monitor and record the progress of persons assigned to correctional facilities who undergo further treatment or who participate in prescribed correctional programs; [(7)] (8) Provide continuing supervision and control of persons ordered to be placed on pretrial supervision by the court and persons ordered by the director; [(8)] (9) Make inquiry with the offender concerning the offender's financial circumstances and include this information in the bail report; provided that the department of public safety's pretrial services officers shall be provided limited access for the purpose of viewing other state agencies' relevant data related to an offender's employment wages and taxes; and [(9)] (10) Provide pretrial bail reports to the courts on adult offenders, within three working days of admission of the offender to a community correctional center, that are ordered by the court or consented to by the offender. A complete copy of the executed pretrial risk assessment delineating the scored items, the total score, any administrative scoring overrides applied, and written explanations for administrative scoring overrides, shall be included in the pretrial bail report. 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. The research entity must be approved and contracted by the department of public safety to protect the confidentiality of the information, insofar as the information is not a public record." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. 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; provided that this paragraph shall not apply to persons subject to county or state detainers or holds, 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 an offender's risk of flight, risk of criminal conduct, and risk of violence or harm to any person or the general public while on pretrial release pending adjudication. The pretrial risk assessment tool and procedures associated with its administration shall be periodically reviewed and subject to further validation at least every five years to evaluate the effectiveness of the tool and the procedures associated with its administration. The findings of periodic reviews shall be publicly reported; (4) Conduct internal pretrial female risk and needs assessments on adult female offenders within three working days of admission to a community correctional center; provided that this paragraph shall not apply to persons subject to county or state detainers or holds, persons detained without bail, persons detained for probation violation, persons facing revocation of bail or supervised release, and persons who have had a pretrial female risk and needs assessment completed prior to admission to a community correctional center. The pretrial female risk and needs assessment tool shall consider factors important to evaluate women's risk of reoffending and women's specialized treatment needs, including rates of physical and sexual abuse prior to becoming an offender. The pretrial female risk and needs assessment tool and procedures associated with its administration shall be periodically reviewed and subject to further validation at least every five years to evaluate the effectiveness of the tool and the procedures associated with its administration. The findings of periodic reviews shall be publicly reported. For purposes of this paragraph, "pretrial female risk and needs assessment" means an objective, research-based, validated assessment tool that measures a female offender's risk of flight, risk of criminal conduct, and risk of violence or harm to any person or the general public while on pretrial release pending adjudication; [(4)] (5) Provide correctional prescription program planning and security classification; [(5)] (6) Provide other personal and correctional services as needed for both detained and committed persons; [(6)] (7) Monitor and record the progress of persons assigned to correctional facilities who undergo further treatment or who participate in prescribed correctional programs; [(7)] (8) Provide continuing supervision and control of persons ordered to be placed on pretrial supervision by the court and persons ordered by the director; [(8)] (9) Make inquiry with the offender concerning the offender's financial circumstances and include this information in the bail report; provided that the department of public safety's pretrial services officers shall be provided limited access for the purpose of viewing other state agencies' relevant data related to an offender's employment wages and taxes; [(9)] (10) Provide pretrial bail reports to the courts on adult offenders, within three working days of admission of the offender to a community correctional center, that are ordered by the court or consented to by the offender. A complete copy of the executed pretrial risk assessment delineating the scored items, the total score, any administrative scoring overrides applied, and written explanations for administrative scoring overrides, shall be included in the pretrial bail report. 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. The research entity must be approved and contracted by the department of public safety to protect the confidentiality of the information, insofar as the information is not a public record." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. |
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