| 47 | | - | SECTION 1. The legislature finds that increased homelessness on the island of Oahu has led to more arrests and citations for nonviolent crimes. These crimes include drinking liquor in public; being in public parks after hours; trespassing; and illegal lodging on sidewalks, beaches, and in other public places. Many persons who receive citations are unable to attend court or have misplaced their paperwork due to the transient and unstable nature of homelessness. When a person fails to appear for court and has no known address, the courts are left with no option but to issue a bench warrant. This can be traumatic for the person and expends law enforcement officers' time and resources. To help address these issues, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project to make court appearances more accessible to homeless persons. The legislature formalized the community outreach court in Act 55, Session Laws of Hawaii 2017. The court's goal is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community. Court sessions are held in community locations where large homeless populations are located. The court can resolve active charges and utilize alternative sentencing in cases where the offender is unable to pay fines and fees. Resolving a person's pending cases, and avoiding bench warrants, leaves the person in a better position to obtain basic necessities, including employment, income assistance, and housing. Community outreach court social workers can also assess the person to determine their need for mental health services, substance abuse treatment, sustenance or shelter assistance, or other appropriate social services. The social worker can also help arrange other referred services. The legislature recognizes that the community outreach court program has been successful. Since its inception, the program has addressed more than ten thousand cases, recalled more than nine hundred bench warrants, lifted more than six thousand driver license stoppers, and assisted more than six hundred participants with social services or referrals. Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter COMMUNITY OUTREACH COURT § -1 Community outreach court; establishment. (a) The community outreach court shall be established as a division of the district court of the first circuit. (b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court. § -2 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, non‑felony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders deemed appropriate, after application and acceptance, for participation in the community outreach court. (b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter. § -3 Principles and components of the court. The community outreach court shall: (1) Facilitate the early identification and timely placement of eligible offenders; (2) Foster cooperation between the prosecuting attorney and public defender to resolve cases; (3) Utilize alternative sentencing, including community service sentences, and support the offender's participation in programs based on the person's needs, including mental health services, substance abuse treatment, sustenance or shelter assistance, or other social services; (4) Establish a coordinated strategy to respond to an offender's compliance or noncompliance with the offender's sentence; and (5) Encourage partnerships between the court, public agencies, community-based organizations, and other entities, to maximize the court's effectiveness." SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed. SECTION 4. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act. SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 to establish permanent positions in support of the community outreach court, including: (1) $ each for four full-time equivalent (4.0 FTE) court clerk positions; (2) $ for one full-time equivalent (1.0 FTE) court bailiff position; (3) $ for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and (4) $ each for three full-time equivalent (3.0 FTE) adult client services positions. The sum appropriated shall be expended by the judiciary for the purposes of this Act. SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court. The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act. SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for permanent positions in support of the community outreach court, including: (1) $ for one full-time equivalent (1.0 FTE) deputy public defender; (2) $ for one full-time equivalent (1.0 FTE) paralegal; and (3) $ for one full-time equivalent (1.0) FTE) social worker or mental health worker, assigned to the office of the public defender. The sum appropriated shall be expended by the office of the public defender for the purposes of this Act. SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for permanent positions in support of the community outreach court, including: (1) $ for one full-time equivalent (1.0 FTE) deputy prosecuting attorney; (2) $ for one full-time equivalent (1.0 FTE) paralegal; and (3) $ for one full-time equivalent (1.0 FTE) legal assistant. The sum appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act. SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the operations of the community outreach court, including security, equipment, training, and other operational needs. The sum appropriated shall be expended by the judiciary for the purposes of this Act. SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 11. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that increased homelessness on the island of Oahu has led to more arrests and citations for nonviolent crimes. These crimes include drinking liquor in public; being in public parks after hours; trespassing; and illegal lodging on sidewalks, beaches, and in other public places. Many persons who receive citations are unable to attend court or have misplaced their paperwork due to the transient and unstable nature of homelessness. When a person fails to appear for court and has no known address, the courts are left with no option but to issue a bench warrant. This can be traumatic for the person and expends law enforcement officers' time and resources. To help address these issues, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project to make court appearances more accessible to homeless persons. The legislature formalized the community outreach court in Act 55, Session Laws of Hawaii 2017. The court's goal is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community. Court sessions are held in community locations where large homeless populations are located. The court can resolve active charges and utilize alternative sentencing in cases where the offender is unable to pay fines and fees. Resolving a person's pending cases, and avoiding bench warrants, leaves the person in a better position to obtain basic necessities, including employment, income assistance, and housing. Community outreach court social workers can also assess the person to determine their need for mental health services, substance abuse treatment, sustenance or shelter assistance, or other appropriate social services. The social worker can also help arrange other referred services. The legislature recognizes that the community outreach court program has been successful. Since its inception, the program has addressed more than ten thousand cases, recalled more than nine hundred bench warrants, lifted more than six thousand driver license stoppers, and assisted more than six hundred participants with social services or referrals. Accordingly, the purpose of this Act is to permanently establish and appropriate moneys for the community outreach court as a division of the district court of the first circuit. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter COMMUNITY OUTREACH COURT § -1 Community outreach court; establishment. (a) The community outreach court is established as a division of the district court of the first circuit. (b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court. § -2 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, non‑felony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders deemed appropriate, after application and acceptance, for participation in the community outreach court. (b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter. § -3 Principles and components of the court. The community outreach court shall: (1) Facilitate the early identification and timely placement of eligible offenders; (2) Foster cooperation between the prosecuting attorney and defense attorney to resolve cases; (3) Utilize alternative sentencing, including community service sentences, and support the offender's participation in programs based on the person's needs, including mental health services, substance abuse treatment, sustenance or shelter assistance, or other social services; (4) Establish a coordinated strategy to respond to an offender's compliance or noncompliance with the offender's sentence; and (5) Encourage partnerships between the court, public agencies, community-based organizations, and other entities, to maximize the court's effectiveness. § -4 Rules. The supreme court shall adopt rules regarding the administration, operation, and procedures of the community outreach court." SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed. SECTION 4. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act. SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $854,900 or so much thereof as may be necessary for fiscal year 2024-2025 to establish permanent positions in support of the community outreach court, including: (1) $96,100 each for four full-time equivalent (4.0 FTE) court clerk positions; (2) $72,500 for one full-time equivalent (1.0 FTE) court bailiff position; (3) $81,500 for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and (4) $105,500 each for three full-time equivalent (3.0 FTE) adult client services position. The sum appropriated shall be expended by the judiciary for the purposes of this Act. SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2024-2025 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court. The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act. SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $288,500 or so much thereof as may be necessary for fiscal year 2024-2025 for permanent positions in support of the community outreach court, including: (1) $131,000 for one full-time equivalent (1.0 FTE) deputy public defender; (2) $87,500 for one full-time equivalent (1.0 FTE) paralegal; and (3) $70,000 for one full-time equivalent (1.0) FTE) social worker or mental health worker, assigned to the office of the public defender. The sum appropriated shall be expended by the office of the public defender for the purposes of this Act. SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $310,000 or so much thereof as may be necessary for fiscal year 2024-2025 for permanent positions in support of the community outreach court, including: (1) $170,000 for one full-time equivalent (1.0 FTE) deputy prosecuting attorney; (2) $80,000 for one full-time equivalent (1.0 FTE) paralegal; and (3) $60,000 for one full-time equivalent (1.0 FTE) legal assistant. The sum appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act. SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $40,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the operations of the community outreach court, including security, equipment, training, and other operational needs. The sum appropriated shall be expended by the judiciary for the purposes of this Act. SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 11. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________ |
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