| 47 | | - | SECTION 1. The legislature finds that some persons who have been sentenced to probation would benefit from civil legal help. Employment, housing, marriage, child custody, and other aspects of a person's life may be complicated by the person's involvement with the criminal justice system. The legislature believes that judges and probation officers can sometimes identify persons on probation who are especially in need of free civil legal representation. Accordingly, the purpose of this Act is to require and appropriate funds for the judiciary to establish a civil legal services pilot program to provide free civil legal services for certain persons who have been sentenced to probation. SECTION 2. (a) The judiciary shall establish a civil legal services pilot program to provide civil legal services at no cost to eligible parties. In accordance with chapter 103D, Hawaii Revised Statutes, the judiciary shall contract with nonprofit legal organizations to administer the pilot program. (b) The judiciary may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate the purposes of this Act. (c) The civil legal services pilot program shall cease to exist on June 30, 2027. (d) For purposes of this Act, "eligible party" means a party to a civil legal matter who: (1) Has been sentenced to probation; (2) Was referred to the civil legal services pilot program by a court or probation officer; and (3) Meets any additional eligibility criteria established by the judiciary. SECTION 3. The judiciary shall submit a report of its findings and recommendations regarding the civil legal services pilot program to the legislature no later than twenty days prior to the convening of the regular sessions of 2025, 2026, and 2027. The report shall include: (1) The number of cases funded by the pilot program in the previous year; (2) The total amount expended in support of the pilot program for the previous year; (3) Recommendations on whether to extend the pilot program; and (4) Any proposed legislation. 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 appropriation 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 appropriation made in this Act is necessary to serve the public interest and to meet the need 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 for the civil legal services pilot program. The sum appropriated shall be expended by the judiciary for the purposes of this Act. 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. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that some persons who have been sentenced to probation would benefit from civil legal help. Employment, housing, marriage, child custody, and other aspects of a person's life may be complicated by the person's involvement with the criminal justice system. The legislature believes that judges and probation officers can sometimes identify persons on probation who are especially in need of free civil legal representation. Accordingly, the purpose of this Act is to require and appropriate moneys for the judiciary to establish a civil legal services pilot program to provide free civil legal services for certain persons who have been sentenced to probation. SECTION 2. (a) Notwithstanding chapter 103D, Hawaii Revised Statutes, or any other law to the contrary, the judiciary shall establish a civil legal services pilot program to provide civil legal services at no cost to eligible parties. The judiciary shall contract with the Legal Aid Society of Hawaii, Volunteer Legal Services of Hawaii, or other nonprofit legal organizations, to administer the pilot program. (b) The judiciary may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate the purposes of this Act. (c) The civil legal services pilot program shall cease to exist on June 30, 2027. (d) For purposes of this Act, "eligible party" means a party to a civil legal matter who: (1) Has been sentenced to probation; (2) Was referred to the civil legal services pilot program by a court or probation officer; and (3) Meets any additional eligibility criteria established by the judiciary. SECTION 3. The judiciary shall submit a report of its findings and recommendations regarding the civil legal services pilot program to the legislature no later than twenty days prior to the convening of the regular sessions of 2025, 2026, and 2027. The report shall include: (1) The number of cases funded by the pilot program in the previous year; (2) The total amount expended in support of the program for the previous year; (3) Recommendations on whether to extend the pilot program; and (4) Any proposed legislation. 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 appropriation 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 appropriation made in this Act is necessary to serve the public interest and to meet the need 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 for the civil legal services pilot program. The sum appropriated shall be expended by the judiciary for the purposes of this Act. 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. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________ |
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