HOUSE OF REPRESENTATIVES

H.B. NO.

84

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to criminal justice.

 

 

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

 

     SECTION 1.  Pursuant to House Concurrent Resolution No. 27, H.D. 1 (2009), on September 28, 2010, the office of Hawaiian affairs released a study entitled, "The Disparate Treatment of Native Hawaiians in the Criminal Justice System."  The study showed that the disproportionate representation of native Hawaiians in the criminal justice system accumulates at each stage of the system.

     In response to the findings and recommendations of the disparate-treatment study, Act 170, Session Laws of Hawaii 2011, established a task force to formulate policies and procedures to eliminate the disproportionate representation of native Hawaiians in Hawaii's criminal justice system.

     In 2013, the task force submitted "The Native Hawaiian Justice Task Force Report" to the legislature.  Among other findings and recommendations, the report states, "In order to inform future policy decisions regarding the disproportionate representation of Native Hawaiians in the criminal justice system, the State of Hawaii needs to identify what data is being collected at different points within the criminal justice system, improve data integration, and improve data infrastructure amongst state agencies." 

     The report finds that although the disproportionate representation of Native Hawaiians in the criminal justice system has been clearly and repeatedly established, further study is warranted to "provide a richer understanding of why native Hawaiians remain disproportionally represented in the criminal justice system."  Finally, the report finds that, "Effective change in the criminal justice system will require a sustained, continued cooperation amongst state agencies and private organizations."  To this end, the report recommends that the State provide permanent funding and full time staffing in the appropriate agency to achieve this goal. 

     The purpose of this Act is to implement the data-related recommendations of the native Hawaiian justice task force by:

     (1)  Authorizing the department of the attorney general to administer a statewide program for management of data related to native Hawaiian overrepresentation in the criminal justice system; and

     (2)  Establishing and funding permanent, full-time positions in the department of the attorney general to implement the statewide data management program.

     SECTION 2.  Section 28-10.5, Hawaii Revised Statutes, is amended to read as follows:

     "§28-10.5  Criminal and juvenile justice resource coordination; administrator and staff.  (a)  The department of the attorney general shall serve as the clearinghouse for information on financial and nonfinancial resources that may be available to assist in improving the delivery or coordination of services under, or the implementation of, programs of the criminal justice and juvenile justice systems and agencies and shall develop, update, and coordinate the implementation of a comprehensive statewide plan of programs and priorities for the improvement of law enforcement and criminal justice, including the prevention and control of juvenile delinquency.  In addition, the department may:

     (1)  Seek, apply for, and administer federal funding and other resources to enhance and expand the capabilities of the criminal and juvenile justice agencies;

     (2)  Coordinate and assess information on a statewide basis for the development of policies to improve the criminal justice and juvenile justice systems and programs;

     (3)  Administer state-funded criminal and juvenile justice programs as specifically directed by law or as may be implied through the appropriation of funds; [and]

     (4)  Administer programs for the prevention of sexual violence and the protection and treatment of victims of sexual violence[.]; and

     (5)  Administer a program for statewide data collection and analysis and improvement of integrated data infrastructure related to native Hawaiian overrepresentation in the criminal justice system across state agencies.

     (b)  The attorney general may employ, without regard to chapter 76, and at pleasure dismiss, an administrator to oversee and carry out the resource coordination functions of the department set forth in subsection (a).  In addition, the attorney general may employ, in accordance with chapter 76, other support staff necessary for the performance of the resource coordination functions.

     (c)  The attorney general shall employ, without regard to chapter 76, an administrator and other necessary staff to carry out the program for statewide data collection and analysis and improvement of integrated data infrastructure related to native Hawaiian overrepresentation in the criminal justice system across state agencies as specified in subsection (a)(5)."

     SECTION 3.  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 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for   full-time equivalent (  FTE) positions in the department of the attorney general to carry out a program for statewide data collection and analysis and improvement of integrated data infrastructure related to the overrepresentation of Native Hawaiians in the criminal justice system.

     The sumsappropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Native Hawaiians; Criminal Justice; Data Management; Appropriation

 

Description:

Authorizes the Department of the Attorney General to administer a statewide program for management of data related to the overrepresentation of Native Hawaiians in the criminal justice system.  Establishes positions.  Makes appropriation.

 

 

 

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