Dom. Violence; Inform Victims

Authorizes probation officers to inform domestic violence
victims, their parents, or immediate family when defendant
violates probation or when probation officers have information
relating to victim's safety and welfare.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 571-84, Hawaii Revised Statutes, is
 2 amended by amending subsection (c) to read as follows:
 3      "(c)  [No] Except as provided in section 571-85, no
 4 information obtained or social records prepared in the discharge
 5 of official duty by an employee of the court shall be disclosed
 6 directly or indirectly to anyone other than the judge or others
 7 entitled under this chapter to receive the information, unless
 8 and until otherwise ordered by the judge."
 9      SECTION 2.  Section 571-85, Hawaii Revised Statutes, is
10 amended to read as follows:
11       "571-85  Authority of probation officers; additional
12 probation officers.  Within the scope of their duties, probation
13 officers appointed under this chapter shall have the powers and
14 privileges of a police officer.  In any case concerning any
15 probationer in this State relating to an offense under section
16 580-10, 586-4, 586-11, or 709-906, a probation officer may notify
17 the victim, the immediate family of the victim, or a parent of
18 the victim when a defendant violates any term or condition of
19 probation or when the probation officer has any information that

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                                     H.B. NO.           

 1 relates to the safety and welfare of the victim.  In addition to
 2 the probation officers appointed under section 571-6, the judges
 3 of the family courts may appoint special probation officers who
 4 shall serve without pay but who shall be entitled to be
 5 reimbursed for any cost or expense incurred by them in connection
 6 with the performance of their duties as defined by the judge."
 7       SECTION 3.  Section 806-73, Hawaii Revised Statutes, is
 8 amended to read as follows:
 9       "806-73  Duties and powers of probation officers; adult
10 probation records.(a)  A probation officer shall investigate
11 any case referred to the probation officer for investigation by
12 the court in which the probation officer is serving and report
13 thereon to the court.  The probation officer shall instruct each
14 defendant placed on probation under the probation officer's
15 supervision of the terms and conditions of the defendant's
16 probation.  The probation officer shall keep informed concerning
17 the conduct and condition of the defendant and report thereon to
18 the court, and shall use all suitable methods to aid the
19 defendant and bring about an improvement in the defendant's
20 conduct and condition.  The probation officer shall keep these
21 records and perform other duties as the court may direct.
22       (b)  [All] Except as provided in subsection (c), all
23 records of the Hawaii state adult probation divisions shall be

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                                     H.B. NO.           

 1 confidential and shall not be deemed to be public records.  As
 2 used in this section, the term "records" includes but is not
 3 limited to all records made by any adult probation officer in the
 4 course of performing the probation officer's official duties;
 5 provided that the records, or the content of the records, shall
 6 be divulged only as follows:
 7      (1)  A copy of any adult probation division case record or
 8           of a portion of it, or the case record itself, upon
 9           request, may be provided to an adult probation officer
10           of a Hawaii state adult probation division, a family
11           court officer who is preparing a report for the courts,
12           or a state or federal criminal justice agency that:
13           (A)  Is providing supervision of a defendant or
14                offender convicted and sentenced by the courts of
15                Hawaii; or
16           (B)  Is responsible for the preparation of a report for
17                a court;
18      (2)  The contents of any adult probation division case
19           record relating to the residence address, work address,
20           home telephone number, or work telephone number of a
21           probationer shall be provided only to a law enforcement
22           officer as defined in section 710-1000(13) to locate
23           the probationer for the purpose of serving a summons or

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                                     H.B. NO.           

 1           bench warrant in a civil, criminal, or deportation
 2           hearing, or for the purpose of a criminal
 3           investigation; and
 4      (3)  A copy of a presentence report or investigative report
 5           shall be provided only to:
 6           (A)  The persons or entities named in section 706-604;
 7           (B)  The Hawaii paroling authority;
 8           (C)  Any psychiatrist, psychologist, or other treatment
 9                practitioner who is treating the defendant
10                pursuant to a court order or parole order for that
11                treatment;
12           (D)  The intake service centers;
13           (E)  In accordance with applicable law, persons or
14                entities doing research; and
15           (F)  Any Hawaii state adult probation officer or adult
16                probation officer of another state or federal
17                jurisdiction who:
18                (i)  Is engaged in the supervision of a defendant
19                     or offender convicted and sentenced in the
20                     courts of Hawaii; or
21               (ii)  Is engaged in the preparation of a report for
22                     a court regarding a defendant or offender
23                     convicted and sentenced in the courts of

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                                     H.B. NO.           

 1                     Hawaii.
 2      (c)  In any case concerning any adult probationer in this
 3 State relating to an offense under section 580-10, 586-4, 586-11,
 4 or 709-906, a probation officer may notify the victim, the
 5 immediate family of the victim, or a parent of the victim when a
 6 defendant violates any term or condition of probation or when the
 7 probation officer has any information that relates to the safety
 8 and welfare of the victim.
 9     [(c)] (d)  Every probation officer, within the scope of the
10 probation officer's duties, shall have the powers of a police
11 officer."
12      SECTION 4.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 5.  This Act shall take effect upon its approval.
16                           INTRODUCED BY:  _______________________