CAPWATCH Action Alert: Upcoming bills posted for Feb. 1 and 2

ACTION ALERTWednesday, February 1, 2017

Hearing Notice

COMMITTEE ON EDUCATION

Rep. Roy Takumi, Chair
Rep. Sharon Har, Vice Chair
Wednesday, February 1, 2017
2:00 pm
Room 309

HB 307 RELATING TO ALTERNATIVE JUVENILE EDUCATION 
EDN, JUD, FIN
http://www.capitol.hawaii.gov/session2017/bills/HB307_.pdf
Appropriates funds to the department of education for two alternative schools to provide ongoing education to juveniles involved in the justice system or at-risk of involvement in the justice system.  Appropriation.

CAP POSITION: OPPOSITION

This is the 3rd or 4th year that this bad bill keeps surfacing. In the past, it was the Maui prosecutor pushing for it. This session it is in the Honolulu prosecutorʻs package.

 Talking Points:

  • Research and experience by experts show that aggregating at-risk youth only leads to increased criminality.
  • Alternative schools are a thing of the past because research has advanced and now there is more information and data on how the brain works
  • Instead, use our precious resources to provide more and better interventions for your youth facing the challenges of our world

COMMITTEE ON JUDICIARY

Rep. Scott Y. Nishimoto, Chair
Rep. Joy A. San Buenaventura, Vice Chair
2:00 pm
Room 325

HB 457 RELATING TO THE COMMUNITY COURT OUTREACH PROJECT.
http://www.capitol.hawaii.gov/session2017/bills/HB457_.pdf
Establishes a community court outreach project in the City and County of Honolulu, subject to the availability of funds and memoranda of agreements from the Judiciary, Prosecuting Attorney, and the Public Defender.  Appropriates funds.

CAP POSITION: SUPPORT w/ COMMENTS
CAP TESTIMONY: 2-1-17-jud-hb-457-support-w-comments

 

HB 589 Relating to the Judiciary JUD, FIN
Appropriates funds to the Judiciary to retain mental health services and substance abuse treatment for the Hawaii’s Opportunity Probation with Enforcement program, which is an intensive supervisory program for persons on probation.

CAP POSITION: SUPPORT
CAP TESTIMONY: 2-1-17-jud-2pm-hb-589-support

 

Thursday, February 2, 2017

PUBLIC SAFETY, INTERGOVERNMENTAL & MILITARY AFFAIRS (2 bills)

Sen. Clarence Nishihara, Chair
Sen. Glenn Wakai, Vice Chair
Thursday, February 2, 2017
1:15 pm
Room 229

SB 506 RELATING TO SEXUAL ASSAULT (Testing Rape Kits) PSM, JDL/WAM
http://www.capitol.hawaii.gov/session2017/Bills/SB506_.pdf
Requires annual reporting to the legislature by the AG of statistical data pertaining to the testing of sexual assault evidence collection kits.  Provides certain rights to sexual assault survivors.  Institutes mandatory testing requirements in accordance with AG guidelines.  Requires AG to report to 2018 legislature on the progress of implementing AG guidelines.

CAP POSITION:  SUPPORT 

Talking Points:

  • Testing and preserving the evidence (sex assault kits) is crucial in ensuring that the innocent are protected and the guilty are convicted
  • Individuals who survive such a traumatic experience are entitled to know the results of the tests
  • Transparency is crucial and we hope the AG puts the reports and relevant data on the department website

SB 674 RELATING TO CRIMINAL PROCEDURE (EYEWITNESS ID)
http://www.capitol.hawaii.gov/session2017/Bills/SB674_.pdf
Creates procedural and administrative requirements for law enforcement agencies for eyewitness identifications of suspects in criminal investigations.  Establishes jury instructions when the court determines that the eyewitness identification is admissible.  Requires the attorney general to establish procedures for the implementation of uniform statewide eyewitness identification procedures.

CAP POSITION: SUPPORT w/ COMMENTS
CAP TESTIMONY: 2-2-17-psm-sb-674-support-w-comments-docx

 

HOUSE COMMITTEE ON PUBLIC SAFETY

Rep. Gregg Takayama, Chair
Rep. Matt LoPresti, Vice Chair
Thursday, February 2, 2017
11:00 am
Room 312

HB 440 RELATING TO PUBLIC SAFETY.  PBS, JUD, FIN
http://www.capitol.hawaii.gov/session2017/Bills/HB440_.pdf
Prohibits government contracts to develop or house inmates in out-of-state private correctional facilities.  Clarifies that the State may contract with federal, state, and municipal governments to house inmates and develop correctional facilities.

CAP POSITION: SUPPORT
CAP TESTIMONY: 2-2-17-pbs-hb-440-support-w-comments

Talking Points:

  • Transparency is crucial to protect the civil rights of our incarcerated people
  • Private prisons enjoy a huge profit while they hide their business practices
  • Gov Ige promised us transparency – this bill supports that promise

 

HB 845 RELATING TO IDENTIFICATIONPBS, JUD, FIN
http://www.capitol.hawaii.gov/session2017/Bills/HB845_.pdf
Requires the Department of Public Safety in collaboration with county and state agencies to issue civil identification cards to inmates and to assist inmates in obtaining their birth certificate, social security card, and other relevant identification necessary for successful reentry.

FINALLY!

CAP POSITION: SUPPORT
CAP TESTIMONY: 2-2-17-pbs-hb-845-support-w-comments

Talking Points:

  • Lack of identification upon release is one of the biggest barriers to reentry
  • The state has been promising to do this since 2008
  • Hawai`i Correctional Industries and a couple of non-profits have figured this out – now the state can learn from them!

 

THIS BILL WAS JUST DELETED FROM THE AGENDA at 6:16 pm on 1.30.17.

HB 1133 RELATING TO PAROLE. PBS, JUD, FIN
http://www.capitol.hawaii.gov/session2017/Bills/HB1133_.pdf
Specifies that funds for discharged persons be subject to legislative appropriation.  Clarifies circumstances under which the Hawaii Paroling Authority may grant early discharges.  Provides the paroling authority with discretion when considering pardons for paroled prisoners and clarifies early discharge consideration of paroled prisoners is an administrative action, not an in-person hearing before the authority.

The problem Kat has with this bill is that it is about administrative (paper only review) and experience has her that the paperwork sometimes paints quite a different picture than the person who stands before the board.

CAP POSITION: COMMENTS

  • We know that the legislature has to allocate “gate money” for folks exiting incarceration – the question is why doesn’st HPA ever ask for it?
  • The bill says people serving at least 5 years shall have a parole hearing – HOWEVER – that hearing is ADMINISTRATIVE ONLY – no face to face – the board just reviews the paperwork. This seems unfair
  • The bill goes on to say that if the person is denied in the first hearing, the reviews are annual thereafter

HB 1246  RELATING TO ALTERNATIVES TO INCARCERATION. PBS, JUD, FIN
http://www.capitol.hawaii.gov/session2017/Bills/HB1246_.pdf
Expands the authority of DPS to release certain pre-trial detainees and sentenced offenders to include felons.  Requires electronic monitoring of released detainees and offenders.  Authorizes electronic monitoring of offenders in programs that offer alternatives to incarceration.  Appropriates funds.

Kat is seeking advice on this one. Will let you know.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s