Report Title:

Public Safety; Adult Offenders; Interstate Compact

Description:

Lists state compact administrator's responsibilities, including the appointment of deputy compact administrators from DPS and the judiciary; mandates that all members of the council are subject to a 4-year term, except the DPS member; requires certain members of the council be appointed. (SD1)

THE SENATE

S.B. NO.

620

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS.

 

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

SECTION 1. Section 353B-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353B-2[]] State compact administrator. The state's commissioner on the interstate commission for adult offender supervision shall be the compact administrator of the state council for interstate adult offender supervision established under section 353B-3. The compact administrator shall be responsible for, among other things:

(1) Making final decisions relating to accepting or denying movement and related actions of offenders requesting transfer between states;

(2) Investigating and taking action regarding matters of interstate movement of offenders within the State;

(3) Keeping statistics and information on interstate compact movement of offenders;

(4) Representing the State on matters relating to the authorized movement of offenders between states, and defending the State against disputed or challenged matters;

(5) Facilitating policies and procedures governing the interstate movement of offenders through the state council;

(6) Drafting legislation as requested by the state council or as required for proper interstate processing of offenders;

(7) Budgeting and managing funds earmarked in the judiciary budget, to support compact activities; and

(8) Establishing interstate service standards consistent with judiciary service standards for probationers and Hawaii paroling authority standards for parolees."

SECTION 2. Section 353B-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353B-3[]] State council for interstate adult offender supervision. (a) There is established the state council for interstate adult offender supervision, which shall be placed administratively in the judiciary. The council shall be composed of five members to be appointed as follows:

(1) One member of the house of representatives appointed by the speaker of the house of representatives;

(2) One member of the senate appointed by the senate president;

(3) One member of the judiciary appointed by the chief justice of the supreme court;

(4) The director of public safety, or the director's designee;

(5) One member from the general public representing victims groups appointed by the governor; and

(6) The compact administrator, appointed by the governor, with the advice and consent of the senate and the chief justice.

With the exception of the director of public safety, or the director's designee, the terms of all members shall be for four years; provided that the victims group representative and the compact administrator shall be subject to section 26-34. No person shall be appointed consecutively to more than two terms.

(b) The council shall exercise oversight and advocacy concerning its participation in commission activities and other duties as may be determined by the council, including development of policy concerning operations and procedures of the compact within the State. The council shall also have the authority to appoint a deputy compact administrator for parole from the Hawaii paroling authority, a deputy compact administrator for probation from the judiciary, and a member other than the compact administrator to cast a vote on behalf of the State at meetings of the interstate commission in which the compact administrator is absent."

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.