REPORT TITLE:
Dom. Violence; Inform Victims


DESCRIPTION:
Authorizes probation officers to notify domestic violence
victims, immediate family, their parents, or a victim
advocate,when the defendant violates probation and when probation
officers have information relating to victim's safety and
welfare. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2069
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO PROBATION.



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

 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.  (a) Within the scope of their duties,
 
13 probation officers appointed under this chapter shall have the
 
14 powers and privileges of a police officer.  In addition to the
 
15 probation officers appointed under section 571-6, the judges of
 
16 the family courts may appoint special probation officers who
 
17 shall serve without pay but who shall be entitled to be
 
18 reimbursed for any cost or expense incurred by them in connection
 
19 with the performance of their duties as defined by the judge.
 

 
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 1       (b)  Notwithstanding any other law to the contrary, for
 
 2 offenders being supervised for offenses under sections 580-10,
 
 3 586-4, 586-11, or 709-906, a probation officer may notify the
 
 4 victim, the immediate family of the victim, a parent of the
 
 5 victim, or a victim advocate, when the defendant violates a term
 
 6 or condition of probation that poses a threat to the safety and
 
 7 welfare of the victim and the probation officer has reason to
 
 8 believe that the safety and welfare of the victim is in
 
 9 jeopardy."
 
10       SECTION 3.  Section 806-73, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12       "806-73  Duties and powers of probation officers; adult
 
13 probation records.(a)  A probation officer shall investigate
 
14 any case referred to the probation officer for investigation by
 
15 the court in which the probation officer is serving and report
 
16 thereon to the court.  The probation officer shall instruct each
 
17 defendant placed on probation under the probation officer's
 
18 supervision of the terms and conditions of the defendant's
 
19 probation.  The probation officer shall keep informed concerning
 
20 the conduct and condition of the defendant and report thereon to
 
21 the court, and shall use all suitable methods to aid the
 
22 defendant and bring about an improvement in the defendant's
 
23 conduct and condition.  The probation officer shall keep these
 
24 records and perform other duties as the court may direct.
 

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

 
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 1           officer as defined in section 710-1000(13) to locate
 
 2           the probationer for the purpose of serving a summons or
 
 3           bench warrant in a civil, criminal, or deportation
 
 4           hearing, or for the purpose of a criminal
 
 5           investigation; and
 
 6      (3)  A copy of a presentence report or investigative report
 
 7           shall be provided only to:
 
 8           (A)  The persons or entities named in section 706-604;
 
 9           (B)  The Hawaii paroling authority;
 
10           (C)  Any psychiatrist, psychologist, or other treatment
 
11                practitioner who is treating the defendant
 
12                pursuant to a court order or parole order for that
 
13                treatment;
 
14           (D)  The intake service centers;
 
15           (E)  In accordance with applicable law, persons or
 
16                entities doing research; and
 
17           (F)  Any Hawaii state adult probation officer or adult
 
18                probation officer of another state or federal
 
19                jurisdiction who:
 
20                (i)  Is engaged in the supervision of a defendant
 
21                     or offender convicted and sentenced in the
 
22                     courts of Hawaii; or
 

 
 
 
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                                     S.B. NO.           2069
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 1               (ii)  Is engaged in the preparation of a report for
 
 2                     a court regarding a defendant or offender
 
 3                     convicted and sentenced in the courts of
 
 4                     Hawaii.
 
 5      (c)  Notwithstanding any other law to the contrary, for
 
 6 offenders being supervised for offenses under sections 580-10,
 
 7 586-4, 586-11, or 709-906, a probation officer may notify the
 
 8 victim, the immediate family of the victim, a parent of the
 
 9 victim, or a victim advocate, when the defendant violates a term
 
10 or condition of probation that poses a threat to the safety and
 
11 welfare of the victim and the probation officer has reason to
 
12 believe that the safety and welfare of the victim is in
 
13 jeopardy."
 
14      (d)  Every probation officer, within the scope of the
 
15 probation officer's duties, shall have the powers of a police
 
16 officer."
 
17      SECTION 4.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 5.  This Act shall take effect upon its approval.