REPORT TITLE: 
Prearraignment Detention


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2133 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO RESIDENTIAL DETENTION OF PREARRAIGNMENT DETAINEES.



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

 1      SECTION 1.  The legislature finds that the responsibility
 
 2 for providing residential detention for pretrial detainees should
 
 3 be assumed by the community correctional facilities administered
 
 4 by the department of public safety.  The purpose of this Act is
 
 5 to amend section 353-6, Hawaii Revised Statutes, relating to the
 
 6 establishment of community correctional centers, to transfer this
 
 7 responsibility from each county to a community correctional
 
 8 center under the direction and administration of the director of
 
 9 public safety.
 
10      SECTION 2.  Section 353-6, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "�353-6 Establishment of community correctional centers.
 
13 [(a)]  There shall be a community correctional center for each
 
14 county under the direction and administration of the director.
 
15 Any community correctional center may be integrated and operated
 
16 concurrently with any other correctional facility or facilities.
 
17 Each center shall:
 

 
 
Page 2                                                     2133 
                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
Page 3                                                     2133 
                                     H.B. NO.           
                                                        
                                                        

 
 1      [(b)  Each county shall provide residential detention for
 
 2 persons who are prearraignment detainees.]"
 
 3      SECTION 3.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 4.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 5.  This Act shall take effect upon its approval.
 
 9 
 
10                       INTRODUCED BY:  ___________________________