REPORT TITLE:
Residential Detention


DESCRIPTION:
Repeals requirement that counties provide residential detention
for prearraignment detainees.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           946
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

 RELATING TO CORRECTIONS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the responsibility
 
 2 upon the counties to provide residential detention for
 
 3 prearraignment detainees should be transferred to the State's
 
 4 department of public safety.  Providing residential detention
 
 5 facilities is a financial burden upon the counties, particularly
 
 6 at the present when county finances are inadequate to support
 
 7 public services and to build or renovate county facilities.  The
 
 8 legislature further finds that detention of persons charged with
 
 9 crimes should be a proper responsibility of the department of
 
10 public safety.
 
11      The purpose of this Act is to repeal the requirement that
 
12 counties provide residential detention for prearraignment
 
13 detainees.
 
14      SECTION 2.  Section 353-6, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "�353-6 Establishment of community correctional centers.
 
17 [(a)]  There shall be a community correctional center for each
 
18 county under the direction and administration of the director.
 
19 Any community correctional center may be integrated and operated
 

 
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                                     S.B. NO.           946
                                                        
                                                        

 
 1 concurrently with any other correctional facility or facilities.
 
 2 Each center shall:
 
 3      (1)  Provide residential detention for persons who have been
 
 4           arraigned or have made an initial appearance and who
 
 5           have not been admitted to bail, released to appear, or
 
 6           otherwise released;
 
 7      (2)  Provide residential custody and correctional care for
 
 8           committed misdemeanants and for felons committed to
 
 9           indeterminate sentences;
 
10      (3)  Provide for committed persons, correctional services,
 
11           including but not limited to, social and psychiatric-
 
12           psychological evaluation, employment, counseling,
 
13           social inventory, correctional programming, medical and
 
14           dental services, and sex abuse education and treatment
 
15           programs for persons convicted of sexual offenses or
 
16           who are otherwise in need of these programs;
 
17      (4)  Provide recreational, educational, and occupational
 
18           training, and social adjustment programs for committed
 
19           persons;
 
20      (5)  Provide referrals to community educational, vocational
 
21           training, employment, and work study programs; and
 
22           aftercare, supervisory, and counseling services for
 
23           persons released from centers.
 

 
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                                     S.B. NO.           946
                                                        
                                                        

 
 1      [(b)  Each county shall provide residential detention for
 
 2 persons who are prearraignment detainees.]"
 
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 
 4      SECTION 4.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________