HOUSE OF REPRESENTATIVES

H.B. NO.

2805

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VETERANS COURT.

 

 

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

 


PART I

     SECTION 1.  The legislature finds that the State's prison system is severely overcrowded and that further alternatives to incarceration, including the provision of appropriate treatment and counseling and more intensive supervision, are needed.

     After September 11, 2001, members of the United States armed forces and reserves and the Hawaii national guard were engaged in combat in Afghanistan and Iraq at an unprecedented pace.  Recent research confirms that a significant number of soldiers, by some estimates, one in five, returns home from war with a combat-related mental health condition, such as post-traumatic stress disorder, traumatic brain injury, sexual trauma, substance abuse, or other mental and emotional health conditions.

     The first veterans court was established in 2008 in Buffalo, New York.  Similar models have subsequently emerged across the country.  The goal of these courts is to enhance the effectiveness of the criminal justice system through:

(1)  Early intervention and diversion from incarceration;

(2)  Individualized assessment of problems, including those related to substance abuse;

(3)  Judicial tracking and increased judicial involvement in monitoring treatment participation using incentives for compliance and graduated sanctions for noncompliance;

(4)  Encouragement to veterans to accept responsibility for their conduct; and

(5)  Rehabilitation of veterans and their successful reintegration into society.

     Successful intervention by the temporary veterans court is expected to have a long-term impact on prison overcrowding, the costs of high rates of incarceration, public safety, probation and parole workloads, and case flow through the judicial system.

     The purpose of this Act is to address prison overcrowding by establishing a temporary veterans court in the first circuit.

PART II

SECTION 2.  A Hawaii veterans court shall be established and administered by a circuit court judge of the first circuit to be selected by the chief justice.  The activities of the veterans court shall be supported by case management, auxiliary and support services, treatment, and intensive supervision mechanisms.

SECTION 3.  (a)  A veteran is eligible to participate in the Hawaii veterans court if:

(1)  The veteran files a motion in the applicable court in the regular court system to transfer the veteran's case from the regular court system to the Hawaii veterans court;

(2)  The court approves the motion to transfer the case from the regular court system to the Hawaii veterans court; provided that the court determines that the veteran suffers from mental health or substance abuse problems or both;

(3)  The prosecuting attorney of the applicable county approves the transfer of the case from the regular court system to the Hawaii veterans court; and

(4)  The offense for which the veteran is charged is a felony or misdemeanor.

     (b)  The victim of the offense for which the veteran is charged shall be eligible to:

(1)  Attend, provide testimony concerning, and be informed of all applicable proceedings with respect to the veteran in veterans court; and

(2)  Receive full and timely restitution, as applicable, from the veteran by order of the veterans court.

(c)  The Hawaii veterans court shall have broad authority to:

(1)  Require the participating veteran to:

(A)  Attend rehabilitation, educational, vocational, medical, mental health, and substance abuse treatment programs; and

(B)  Participate in peer-to-peer mentoring; and

(2)  Monitor for at least one year:

(A)  The execution of the treatment plan of the participating veteran; and

(B)  The participating veteran's compliance with the requirements of the treatment plan, including regular appearances before the Hawaii veterans court to report on the participating veteran's progress.

(d)  The Hawaii veterans court shall coordinate with the United States Department of Veterans Affairs in assisting participating veterans through medical, mental health, substance abuse, housing, employment services, and counseling assistance.

(e)  For the purposes of this part:

"Participating veteran" means a veteran who is participating in the Hawaii veterans court program.

"Veteran" means a person who served on active duty in the armed forces of the United States, a reserve component thereof, or the national guard, and who was federally activated.

PART III

SECTION 4.  (a)  The judiciary is authorized to establish the following positions for the purpose of implementing the Hawaii veterans court pursuant to part II of this Act for fiscal years 2012-2013 and 2013-2014, to be funded from the appropriation authorized in section 5 of this Act:

(1)  One full-time equivalent (1.0 FTE) social worker V position ($          );

(2)  One full-time equivalent (1.0 FTE) social worker IV position ($          ); and

(3)  One full-time equivalent (1.0 FTE) circuit court clerk II position ($          ).

(b)  The judiciary may seek federal grants and awards and other moneys to fund the Hawaii veterans court.

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 2012-2013 and the same sum or so much thereof as may be necessary for fiscal year 2013-2014 for staffing, equipment, and other expenses for the implementation and operation of the Hawaii veterans court.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

PART IV

SECTION 6.  Section 706-605.1, Hawaii Revised Statutes, is amended to read as follows:

706-605.1  Intermediate sanctions; eligibility; criteria and conditions.  (1)  The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.

(2)  Defendants may be considered for sentencing to alternative programs if they:

(a)  Have not been convicted of a non-probationable class A felony; and

(b)  Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.

(3)  A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.

(4)  As used in this section[, "alternative programs"]:

"Alternative programs" means programs that, from time to time, are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration.  Alternative programs may include:

(a)  House arrest, or curfew using electronic monitoring and surveillance, or both;

(b)  Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;

(c)  Veterans court programs for defendants who are veterans and who meet specific requirements;

[(c)] (d)  Therapeutic residential and nonresidential programs, including secure drug treatment facilities;

[(d)(e)  A program of regimental discipline pursuant to section 706-605.5; and

[(e)(f)  Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.

"Veteran" means a person who served on active duty in the armed forces of the United States, a reserve component thereof, or the national guard, and who was federally activated."

PART V

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2012; provided that on June 30, 2021, this Act shall be repealed and section 706-605.1, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Veterans Court; Appropriation

 

Description:

Establishes a Hawaii veterans court within the Judiciary.  Makes an appropriation.  Effective July 1, 2012, and repeals on June 30, 2021.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.