Report Title:

Career Criminal Prosecution Units; Victim Witness Assistance; Domestic Violence

 

Description:

Creates the Domestic Violence Special Fund to provide grants to organizations that provide domestic violence services.  Provides grants to the counties for their career criminal prosecution units and victim witness assistance programs.  (HB1293 HD1)


HOUSE OF REPRESENTATIVES

H.B. NO.

1293

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO LAW ENFORCEMENT.

 

 

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

 


     SECTION 1.  Chapter 607, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§607-     Domestic violence special fund.  (a)  There is established in the state treasury the domestic violence special fund, into which shall be deposited:

     (1)  The $     surcharge fee, charges, and other moneys collected under sections 607-4, 607-5, 607-5.6, 607-5.7, 607-6, and 607-8; provided that sections 607-2.5 and 607-3 apply;

     (2)  All moneys received from public or private sources for the purposes of this fund; and

     (3)  Any interest accrued or investment earnings on moneys in the fund.

Funds raised under this section shall be transmitted to the administrative director of the courts and deposited into the fund, and shall be used solely to provide grants to organizations that provide domestic violence services.

     (b)  The domestic violence special fund shall be administered by the administrative director of the courts, or pursuant to a contract with the administrative director of the courts.  If the fund is administered pursuant to a contract with the administrative director of the courts, the contractor shall be a nonprofit organization that has at least one year's experience in administering grants to providers of domestic violence services.  The fund administrator shall receive not more than five per cent of the total amount collected under this section each fiscal year as compensation for performing the duties under this section.

     (c)  The fund administrator shall annually accept applications for grants funded from the fund from organizations that provide domestic violence services, including housing, counseling, and legal assistance.  Applications shall be received no later than April 15 for assistance in the following fiscal year.  The fund administrator shall determine the specific information required of the applicant and, at a minimum, shall require applicants to provide information concerning:

     (1)  Their governance, staffing, and total annual budget;

     (2)  Other funding sources;

     (3)  Geographic area of service;

     (4)  The number of clients served in the previous fiscal year; and

     (5)  The nature and scope of services provided.

     (d)  To be eligible for assistance from the fund, an applicant shall meet all of the following standards at the time of application:

     (1)  Be either a nonprofit organization incorporated and operated exclusively in Hawaii and determined by the Internal Revenue Service to be exempt from federal income tax;

     (2)  Have a governing board whose members have no material conflict of interest and serve without compensation;

     (3)  Have bylaws or policies that describe the manner in which business is conducted, and policies that relate to nepotism and management of potential conflict of interest situations;

     (4)  Have at least one year's experience in providing domestic violence services;

     (5)  Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments;

     (6)  Agree not to charge client fees for services that are funded in any part by a grant from the fund, except that token payments for costs and expenses shall not be considered fees;

     (7)  Agree to use any grant received under this section exclusively to provide domestic violence services; and

     (8)  Have in place sound financial management systems and a method of ensuring the quality of service provided.

     (e)  Funds shall be distributed on a pro rata basis to organizations that meet the criteria in subsection (d), based on the portion of their total budget expended in the prior year for domestic violence services as compared to the combined total expended in the prior year for domestic violence services by all qualifying organizations applying for funding.  An applicant that provides services other than domestic violence services may establish its proportionate entitlement to funds based on financial statements which strictly segregate that portion of the organization's expenditures in the prior year which were devoted exclusively to the provision of domestic violence services.

     (f)  As used in this section, unless the context otherwise requires:

     "Domestic violence" means any means of physical, emotional, or mental abuse, including sexual assault, inflicted upon any person that is a family member, co-habitat, friend, or acquaintance.

     "Domestic violence services" means direct services provided to victims of domestic violence."

     SECTION 2.  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 2009-2010 for a grant to the department of the prosecuting attorney of the city and county of Honolulu for the career criminal prosecution unit, including the hiring of necessary staff.

     SECTION 3.  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 2009-2010 for a grant to the department of the prosecuting attorney of the city and county of Honolulu for the victim witness assistance program, including the hiring of necessary staff.

     SECTION 4.  The sums appropriated in sections 2 and 3 shall be expended by the city and county of Honolulu for the purposes of 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 2009-2010 for a grant to the department of the prosecuting attorney of the county of Maui for the career criminal prosecution unit, including the hiring of necessary staff.

     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 2009-2010 for a grant to the department of the prosecuting attorney of the county of Maui for the victim witness assistance program, including the hiring of necessary staff.

     SECTION 7.  The sums appropriated in sections 5 and 6 shall be expended by the county of Maui 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 2009-2010 for a grant to the office of the prosecuting attorney of the county of Kauai for the career criminal prosecution unit, including the hiring of necessary staff.

     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 2009-2010 for a grant to the office of the prosecuting attorney of the county of Kauai for the victim witness assistance program, including the hiring of necessary staff.

     SECTION 10.  The sums appropriated in sections 8 and 9 shall be expended by the county of Kauai for the purposes of this Act.

     SECTION 11.  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 2009-2010 for a grant to the office of the prosecuting attorney of the county of Hawaii for the career criminal prosecution unit, including the hiring of necessary staff.

     SECTION 12.  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 2009-2010 for a grant to the office of the prosecuting attorney of the county of Hawaii for the victim witness assistance program, including the hiring of necessary staff.

     SECTION 13.  The sums appropriated in sections 11 and 12 shall be expended by the county of Hawaii for the purposes of this Act.

     SECTION 14.  This Act shall take effect on July 1, 2046; provided that this Act shall be repealed on June 30, 2015.