Hawaii 2023 Regular Session

Hawaii Senate Bill SCR108 Compare Versions

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

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1	1	THE SENATE S.C.R. NO. 108 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII SENATE CONCURRENT RESOLUTION urging the judiciary to Implement the hope probation program as it was conceived and implemented from 2004 to 2020.
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3	3	THE SENATE S.C.R. NO. 108
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.C.R. NO.
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11	11	108
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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29	29	SENATE CONCURRENT
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31	31	RESOLUTION
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37	37	urging the judiciary to Implement the hope probation program as it was conceived and implemented from 2004 to 2020.
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43	43	WHEREAS, in 2004, then First Circuit Judge Steven Alm and the Probation Section Administrator Cheryl Inouye launched Hawaii Opportunity Probation with Enforcement ("HOPE") to address high rates of recidivism among sex offenders, domestic violence offenders, drug users, and other probationers at high risk of recidivating; and WHEREAS, in regular probation no action is typically taken immediately after a probation violation, and the probation officer has total discretion on how to handle any given violation and when to refer a case back to the judge for action; and WHEREAS, regular probation typically allows multiple violations to occur before any consequences are imposed, and consequences are imposed months after violations occur, which may appear to probationers to be entirely unpredictable and subjective; and WHEREAS, HOPE was designed to effect behavioral change in a supportive environment created by the probation officer and the judge that teaches participants to correlate poor choices with negative consequences by imposing swift, predictable, and immediate sanctions on a consistent basis in the form of a few days in jail for lower level violations such as drug use or missed appointments with a probation officer and tougher sanctions for higher level violations such as being terminated from treatment; and WHEREAS, in addition to reinforcing the behavioral change process, HOPE also provides a mechanism by which offenders who present a risk to the public can be immediately removed from the community, such as in the case of a child molester caught frequenting a youth arcade; and WHEREAS, according to a 2007 through 2008 evaluation by Pepperdine University and UCLA, First Circuit HOPE probationers at their one-year follow up were fifty-five percent less likely to be arrested for a new crime, seventy-two percent less likely to test positive for illegal drugs, sixty-one percent less likely to skip appointments with their probation officer, and fifty-three percent less likely to have their probation revoked when compared to offenders on regular probation; and WHEREAS, the research showed that women in HOPE failed at probation and were sent to prison fifty percent less often than women in regular probation, and Native Hawaiian women failed at probation and were sent to prison forty-two percent less often, even though HOPE probationers overall spent no more time in jail than those on regular probation; and WHEREAS, long-term positive outcomes for HOPE participants include fewer arrests for new crimes, fewer crime victims, fewer multi-year prison sentences, sustained abstinence from alcohol and drugs, improved health, reduced criminal recidivism, greater employments and income, and ultimately an improved quality of life; and WHEREAS, for state and local communities, these outcome result in reduced crime, reduced need for imprisonments, reduced costs to the criminal justice system, and increase in the number of working individuals who pay taxes and the repayment of court-ordered restitution for victims; and WHEREAS, one judge can effectively supervise more than two thousand felony HOPE probationers at the same time to ensure that violations are heard and decided on a timely and consistent basis; and WHEREAS, this level of timeliness and consistency resulted in overall greater "buy-in" from, and greater outcomes for, participants; and WHEREAS, new HOPE cases are interspersed amongst the existing caseloads of nine judges, which has led to widespread, inconsistent decisions and a much higher percentage of HOPE participants being re-sentenced to multi-year prison sentences than before 2020; and WHEREAS, current HOPE probationers are no longer receiving the swift, predictable, and immediate sanctions upon which HOPE was built, as violations are being allowed to accumulate until the probationer absconds, is arrested on a bench warrant, or a revocations hearing is set, and many are then sent to prison; and WHEREAS, criminal justice system policy should be based on proven and relevant data and research; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that in judicial circuits of five hundred thousand or more residents, the Judiciary is urged to return to implementing HOPE the way it was conceived and implemented from 2004 to 2020, by assigning one judge and one back-up judge to handle all HOPE cases; and BE IT FURTHER RESOLVED that the HOPE judge and back-up judge, while always retaining discretion and always providing encouragement and support to probationers, are strongly urged to follow the HOPE sanctions guidelines to ensure consistency and hear cases in an expedited and timely manner; and BE IT FURTHER RESOLVED that the Adult Client Services Branch of the First Circuit is urged to follow HOPE procedures as implemented from 2004 to 2020, including by focusing on the higher risk offenders as identified by a validating risk assessment instrument and by taking immediate action when probationers violate; and BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court. OFFERED BY: _____________________________ Report Title: Judiciary; HOPE Program; Implementation; Judges
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45	45	WHEREAS, in 2004, then First Circuit Judge Steven Alm and the Probation Section Administrator Cheryl Inouye launched Hawaii Opportunity Probation with Enforcement ("HOPE") to address high rates of recidivism among sex offenders, domestic violence offenders, drug users, and other probationers at high risk of recidivating; and
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49	49	WHEREAS, in regular probation no action is typically taken immediately after a probation violation, and the probation officer has total discretion on how to handle any given violation and when to refer a case back to the judge for action; and
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53	53	WHEREAS, regular probation typically allows multiple violations to occur before any consequences are imposed, and consequences are imposed months after violations occur, which may appear to probationers to be entirely unpredictable and subjective; and
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57	57	WHEREAS, HOPE was designed to effect behavioral change in a supportive environment created by the probation officer and the judge that teaches participants to correlate poor choices with negative consequences by imposing swift, predictable, and immediate sanctions on a consistent basis in the form of a few days in jail for lower level violations such as drug use or missed appointments with a probation officer and tougher sanctions for higher level violations such as being terminated from treatment; and
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61	61	WHEREAS, in addition to reinforcing the behavioral change process, HOPE also provides a mechanism by which offenders who present a risk to the public can be immediately removed from the community, such as in the case of a child molester caught frequenting a youth arcade; and
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65	65	WHEREAS, according to a 2007 through 2008 evaluation by Pepperdine University and UCLA, First Circuit HOPE probationers at their one-year follow up were fifty-five percent less likely to be arrested for a new crime, seventy-two percent less likely to test positive for illegal drugs, sixty-one percent less likely to skip appointments with their probation officer, and fifty-three percent less likely to have their probation revoked when compared to offenders on regular probation; and
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69	69	WHEREAS, the research showed that women in HOPE failed at probation and were sent to prison fifty percent less often than women in regular probation, and Native Hawaiian women failed at probation and were sent to prison forty-two percent less often, even though HOPE probationers overall spent no more time in jail than those on regular probation; and
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73	73	WHEREAS, long-term positive outcomes for HOPE participants include fewer arrests for new crimes, fewer crime victims, fewer multi-year prison sentences, sustained abstinence from alcohol and drugs, improved health, reduced criminal recidivism, greater employments and income, and ultimately an improved quality of life; and
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77	77	WHEREAS, for state and local communities, these outcome result in reduced crime, reduced need for imprisonments, reduced costs to the criminal justice system, and increase in the number of working individuals who pay taxes and the repayment of court-ordered restitution for victims; and
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81	81	WHEREAS, one judge can effectively supervise more than two thousand felony HOPE probationers at the same time to ensure that violations are heard and decided on a timely and consistent basis; and
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85	85	WHEREAS, this level of timeliness and consistency resulted in overall greater "buy-in" from, and greater outcomes for, participants; and
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89	89	WHEREAS, new HOPE cases are interspersed amongst the existing caseloads of nine judges, which has led to widespread, inconsistent decisions and a much higher percentage of HOPE participants being re-sentenced to multi-year prison sentences than before 2020; and
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93	93	WHEREAS, current HOPE probationers are no longer receiving the swift, predictable, and immediate sanctions upon which HOPE was built, as violations are being allowed to accumulate until the probationer absconds, is arrested on a bench warrant, or a revocations hearing is set, and many are then sent to prison; and
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97	97	WHEREAS, criminal justice system policy should be based on proven and relevant data and research; now, therefore,
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101	101	BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that in judicial circuits of five hundred thousand or more residents, the Judiciary is urged to return to implementing HOPE the way it was conceived and implemented from 2004 to 2020, by assigning one judge and one back-up judge to handle all HOPE cases; and
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105	105	BE IT FURTHER RESOLVED that the HOPE judge and back-up judge, while always retaining discretion and always providing encouragement and support to probationers, are strongly urged to follow the HOPE sanctions guidelines to ensure consistency and hear cases in an expedited and timely manner; and
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109	109	BE IT FURTHER RESOLVED that the Adult Client Services Branch of the First Circuit is urged to follow HOPE procedures as implemented from 2004 to 2020, including by focusing on the higher risk offenders as identified by a validating risk assessment instrument and by taking immediate action when probationers violate; and
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113	113	BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court.
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121	121	OFFERED BY: _____________________________
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125	125	OFFERED BY:
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127	127	_____________________________
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133	133	Report Title:
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135	135	Judiciary; HOPE Program; Implementation; Judges