| 47 | | - | SECTION 1. Section 804-7.1, Hawaii Revised Statutes, is amended to read as follows: "§804-7.1 Conditions of release on bail, recognizance, or supervised release. (a) Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release. (b) Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order: (1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel; (2) Prohibiting the defendant from going to certain described geographical areas or premises; (3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs; (4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court; (5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution; (6) Requiring the defendant to comply with a specified curfew; (7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose; (8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court; (9) Requiring the defendant to submit to the use of electronic monitoring and surveillance; (10) Requiring the confinement of the defendant in the defendant's residence; (11) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or (12) Imposing any combination of conditions listed above; provided that the court shall impose the least restrictive non-financial conditions required to ensure the defendant's appearance and to protect the public. (c) Upon the defendant's release on bail, recognizance, or supervised release, the court shall enter an order prohibiting the defendant from approaching or communicating with the complaining witness in addition to any combination of conditions listed in subsection (b) to protect the complaining witness; provided that the court shall impose the least restrictive non-financial conditions required to ensure the defendant's appearance and to protect the complaining witness; provided further that the charged crime pertains to the complaining witness; provided further that the complaining witness has an active protective order against the defendant and the court is aware of the active protective order. (d) The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. Section 353-6.2, Hawaii Revised Statutes, is amended to read as follows: "[[]§353-6.2[]] Community correctional centers; periodic reviews of pretrial detainees. (a) The relevant community correctional centers, on a periodic basis but no less frequently than every three months, shall conduct reviews of pretrial detainees to reassess whether a detainee should remain in custody or whether new information or a change in circumstances warrants reconsideration of a detainee's pretrial release or supervision. (b) For each review conducted pursuant to subsection (a), the relevant community correctional center shall transmit its findings and recommendations by correspondence or electronically to the appropriate court, prosecuting attorney, and defense counsel. (c) If a motion to modify bail is filed pursuant to a recommendation made pursuant to subsection (b), a hearing shall be scheduled at which the court shall consider the motion. (d) If a motion to modify bail is granted pursuant to a hearing scheduled pursuant to subsection (c) and there is an existing restraining order or protective order in effect governing the pretrial detainee, the court shall automatically extend the duration of the restraining order or protective order for a duration equal to the duration the pretrial detainee would have remained in custody." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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: _____________________________ |
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| 57 | | - | (2) Prohibiting the defendant from going to certain described geographical areas or premises; |
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| 58 | | - | |
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| 59 | | - | (3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs; |
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| 60 | | - | |
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| 61 | | - | (4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court; |
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| 62 | | - | |
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| 63 | | - | (5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution; |
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| 64 | | - | |
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| 65 | | - | (6) Requiring the defendant to comply with a specified curfew; |
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| 66 | | - | |
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| 67 | | - | (7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose; |
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| 68 | | - | |
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| 69 | | - | (8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court; |
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| 70 | | - | |
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| 71 | | - | (9) Requiring the defendant to submit to the use of electronic monitoring and surveillance; |
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| 72 | | - | |
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| 73 | | - | (10) Requiring the confinement of the defendant in the defendant's residence; |
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| 74 | | - | |
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| 75 | | - | (11) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or |
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| 76 | | - | |
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| 77 | | - | (12) Imposing any combination of conditions listed above; |
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| 78 | | - | |
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| 79 | | - | provided that the court shall impose the least restrictive non-financial conditions required to ensure the defendant's appearance and to protect the public. |
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| 80 | | - | |
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| 81 | | - | (c) Upon the defendant's release on bail, recognizance, or supervised release, the court shall enter an order prohibiting the defendant from approaching or communicating with the complaining witness in addition to any combination of conditions listed in subsection (b) to protect the complaining witness; provided that the court shall impose the least restrictive non-financial conditions required to ensure the defendant's appearance and to protect the complaining witness; provided further that the charged crime pertains to the complaining witness; provided further that the complaining witness has an active protective order against the defendant and the court is aware of the active protective order. |
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| 82 | | - | |
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| 83 | | - | (d) The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed." |
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| 57 | + | (d) If a motion to modify bail is granted pursuant to a hearing scheduled pursuant to subsection (c) and there is an existing restraining order or protective order in effect governing the pretrial detainee, the court shall automatically extend the duration of the restraining order or protective order for a duration equal to the duration the pretrial detainee would have remained in custody." |
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