SB 361: Judiciary; Community Outreach Court; Homelessness; Appropriations

A BILL FOR AN ACT

RELATING TO THE COMMUNITY OUTREACH COURT.

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

     SECTION 1.  The legislature finds that the worsening problem of homelessness on Oahu has led to residents being cited or arrested for drinking liquor in public, being in public parks after hours, trespassing, illegal camping on sidewalks and other public areas, and other nonviolent or status offenses.  Many of those cited are unable to attend court or have misplaced their paperwork due to the transient and unstable nature of homelessness.  When a person fails to appear for court and has no known address, courts are left with no option but to issue a bench warrant.

     Under Act 55, Session Laws of Hawaii 2017, the judiciary, the office of the public defender, and the department of the prosecuting attorney of the city and county of Honolulu established a community court outreach project.  The goal of the community court outreach project is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees.  By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing.  The community court outreach social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.

     The legislature finds that the community court outreach project has been successful.  Since its inception, the project has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.

     Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COMMUNITY OUTREACH COURT

     §   -1  Definitions.  As used in this chapter:

     "Community outreach court" or "court" means a division of the district court of the first circuit that shall address cases brought before it for nonviolent, nonfelony offenders in which the prosecuting attorney and public defender have reached plea agreements.

     "Prosecuting attorney" means:

     (1)  The prosecuting attorney for the city and county of Honolulu; or

     (2)  Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu.

     "Public defender" means the public defender or any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.

     §   -2  Community outreach court; establishment.  (a)  The community outreach court shall be established as a division of the district court of the first circuit.

     (b)  The community outreach court shall be held at any location designated by a judge of the community outreach court within the first judicial circuit.

     §   -3  Jurisdiction.  (a)  The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders who have been deemed appropriate, after application and acceptance, for participation in the community outreach court.

     (b)  In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law.  Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.

     §   -4  Principles and components of the court.  The community outreach court shall:

     (1)  Emphasize the early identification and timely placement of eligible offenders;

     (2)  Encourage cooperation between the prosecuting attorney and public defender to resolve cases;

     (3)  Prioritize alternative sentencing for offenders, such as community service and participation in programs based upon the offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and the offender's willingness to voluntarily participate in those programs;

     (4)  Facilitate the establishment of a coordinated strategy by the community outreach court to respond to an offender's compliance or noncompliance with the offender's sentence; and

     (5)  Encourage partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.

     §   -5  Court process.  (a)  The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.

     (b)  Only cases involving nonviolent, nonfelony offenses under state law and city ordinance shall be heard and disposed of by the community outreach court.

     (c)  The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:

     (1)  Are willing to participate in the court;

     (2)  Are willing to be represented by the public defender; and

     (3)  May benefit from participation in the court.

     After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.

     (d)  The prosecuting attorney shall review the list and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the court.  The prosecuting attorney shall enter into plea agreement negotiations with the public defender for the disposition of the defendants' cases that the prosecuting attorney determines are appropriate.

     (e)  The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered conditions, or any other action that the court has the authority to take and deems appropriate.

     (f)  At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."

     SECTION 3.  Act 55, Session Laws of Hawaii 2017, is repealed.

     SECTION 4.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:

     (1)  $           for security through a contracted service provider;

     (2)  $           for facilities and associated costs, including for use of the Waianae public library;

     (3)  $           for equipment, including laptops and a mobile hotspot for internet access;

     (4)  $           for transportation costs, including a van and associated parking costs; and

     (5)  $           for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.

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

     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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:

     (1)  $           each for two full-time equivalent (2.0 FTE) court clerk positions;

     (2)  $           for one full-time equivalent (1.0 FTE) court bailiff position;

     (3)  $           for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and

     (4)  $           each for three full-time equivalent (3.0 FTE) adult client services social worker positions.

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

     SECTION 6.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.

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

     SECTION 7.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy public defender;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.

     The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.

     SECTION 8.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) legal assistant.

     The sums appropriated shall be expended by the department of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.

     SECTION 9.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 10.  This Act shall take effect on April 23, 2057.

Report Title:

Judiciary; Community Outreach Court; Homelessness; Appropriations

Description:

Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit.  Effective 4/23/2057.  (HD1)

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

A BILL FOR AN ACT

RELATING TO THE COMMUNITY OUTREACH COURT.

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

     SECTION 1.  The legislature finds that the worsening problem of homelessness on Oahu has led to residents being cited or arrested for drinking liquor in public, being in public parks after hours, trespassing, illegal camping on sidewalks and other public areas, and other non-violent or status offenses.  Many of those cited are unable to attend court or have misplaced their paperwork due to the transient and unstable nature of homelessness.  When a person fails to appear for court and has no known address, courts are left with no option but to issue a bench warrant.

     Under Act 55, Session Laws of Hawaii 2017, the judiciary, the office of the public defender, and the department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project.  The goal of the community outreach court is to assist non-violent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees.  By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing.  The community outreach court social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.

     The legislature finds that the community outreach court program has been successful.  Since its inception, the program has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.

     Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COMMUNITY OUTREACH COURT

     §   -1  Definitions.  As used in this chapter:

     "Community outreach court" means a division of the district court of the first circuit that shall address cases brought before it for non-violent, nonfelony offenders in which the prosecuting attorney and public defender have reached plea agreements.

     "Prosecuting attorney" means:

     (1)  The prosecuting attorney for the city and county of Honolulu; or

     (2)  Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu.

     "Public defender" means the public defender or any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.

     §   -2  Community outreach court; establishment.  (a)  The community outreach court shall be established as a division of the district court of the first circuit.

     (b)  The community outreach court shall be held at any location designated by a judge of the community outreach court within the first judicial circuit.

     §   -3  Jurisdiction.  (a)  The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders who have been deemed appropriate, after application and acceptance, for participation in the community outreach court.

     (b)  In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law.  Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.

     §   -4  Principles and components of the court.  The community outreach court shall:

     (1)  Emphasize the early identification and timely placement of eligible offenders;

     (2)  Encourage cooperation between the prosecuting attorney and public defender to resolve cases;

     (3)  Prioritize alternative sentencing for offenders, such as community service and participation in programs based upon the offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and the offender's willingness to voluntarily participate in those programs;

     (4)  Facilitate the establishment of a coordinated strategy by the community outreach court to respond to an offender's compliance or noncompliance with the offender's sentence; and

     (5)  Encourage partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.

     §   -5  Court process.  (a)  The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.

     (b)  Only cases involving nonviolent, nonfelony offenses under state law and city ordinance shall be heard and disposed of by the community outreach court.

     (c)  The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:

     (1)  Are willing to participate in the court;

     (2)  Are willing to be represented by the public defender; and

     (3)  May benefit from participation in the court.

     After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.

     (d)  The prosecuting attorney shall review the list and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the court.  The prosecuting attorney shall enter into plea agreement negotiations with the public defender for the disposition of the defendants' cases that the prosecuting attorney determines are appropriate.

     (e)  The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered conditions, or any other action that the court has the authority to take and deems appropriate.

     (f)  At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."

     SECTION 3.  Act 55, Session Laws of Hawaii 2017, is repealed.

     SECTION 4.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:

     (1)  $           each for two full-time equivalent (2.0 FTE) court clerk positions;

     (2)  $           for one full-time equivalent (1.0 FTE) court bailiff position;

     (3)  $           for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and

     (4)  $           each for three full-time equivalent (3.0 FTE) adult client services social worker positions.

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

     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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.

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

     SECTION 6.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy public defender;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.

     The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.

     SECTION 7.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:

     (1)  $           for security through a contracted service provider;

     (2)  $           for facilities and associated costs, including for use of the Waianae Public Library;

     (3)  $           for equipment, including laptops and a mobile hotspot for internet access;

     (4)  $           for transportation costs, including a van and associated parking costs; and

     (5)  $           for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.

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

     SECTION 8.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) legal assistant.

     The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.

     SECTION 9.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 10.  This Act shall take effect on April 23, 2057.

Report Title:

Judiciary; Community Outreach Court; Homelessness; Appropriations

Description:

Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit.  Effective 4/23/2057.  (SD2)

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

A BILL FOR AN ACT

RELATING TO THE COMMUNITY OUTREACH COURT.

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

     SECTION 1.  The legislature finds that the worsening problem of homelessness on Oahu has led to residents being cited or arrested for drinking liquor in public, being in public parks after hours, trespassing, illegal camping on sidewalks and other public areas, and other non-violent or status offenses.  Many of those cited are unable to attend court or have misplaced their paperwork due to the transient and unstable nature of homelessness.  When a person fails to appear for court and has no known address, courts are left with no option but to issue a bench warrant.

     Under Act 55, Session Laws of Hawaii 2017, the judiciary, the office of the public defender, and the department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project.  The goal of the community outreach court is to assist non-violent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees.  By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing.  The community outreach court social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.

     The legislature finds that the community outreach court program has been successful.  Since its inception, the program has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.

     Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COMMUNITY OUTREACH COURT

     §   -1  Definitions.  As used in this chapter:

     "Community outreach court" means a division of the district court of the first circuit that shall address cases brought before it for non-violent, nonfelony offenders in which the prosecuting attorney and public defender have reached plea agreements.

     "Prosecuting attorney" means:

     (1)  The prosecuting attorney for the city and county of Honolulu;

     (2)  Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu;

     (3)  The attorney general; and

     (4)  Any deputy attorney general of the department of the attorney general.

     "Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.

     §   -2  Community outreach court; establishment.  (a)  The community outreach court shall be established as a division of the district court of the first circuit.

     (b)  The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.

     §   -3  Jurisdiction.  (a)  The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders deemed appropriate, after application and acceptance, for participation in the community outreach court.

     (b)  In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law.  Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.

     §   -4  Principles and components of the court.  The community outreach court shall include the following components:

     (1)  Emphasis on the early identification and timely placement of eligible offenders;

     (2)  Cooperation between the prosecuting attorney and public defender to resolve cases;

     (3)  Alternative sentencing of offenders, such as community service and participation in programs based upon the offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;

     (4)  Establishment of a coordinated strategy by the community outreach court to respond to an offender's compliance or noncompliance with the offender's sentence; and

     (5)  Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.

     §   -5  Court process.  (a)  The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.

     (b)  Only cases involving nonviolent, nonfelony offenses under state law and city ordinance shall be heard and disposed of by the community outreach court.

     (c)  The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:

     (1)  Are willing to participate in the court;

     (2)  Are willing to be represented by the public defender; and

     (3)  May benefit from participation in the court.

     After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.

     (d)  The prosecuting attorney shall review the list and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the court.  The prosecuting attorney or representative of the attorney general shall enter into plea agreement negotiations with the public defender for disposition of defendants' cases that the prosecuting attorney determines are appropriate.

     (e)  The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.

     (f)  At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."

     SECTION 3.  Act 55, Session Laws of Hawaii 2017, is repealed.

     SECTION 4.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:

     (1)  $           each for two full-time equivalent (2.0 FTE) court clerk positions;

     (2)  $           for one full-time equivalent (1.0 FTE) court bailiff position;

     (3)  $           for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and

     (4)  $           each for three full-time equivalent (3.0 FTE) adult client services social worker positions.

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

     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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.

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

     SECTION 6.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy public defender;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.

     The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.

     SECTION 7.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) deputy attorney general tasked with duties for the community outreach court.

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

     SECTION 8.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:

     (1)  $           for security through a contracted service provider;

     (2)  $           for facilities and associated costs, including for use of the Waianae Public Library;

     (3)  $           for equipment, including laptops and a mobile hotspot for internet access;

     (4)  $           for transportation costs, including a van and associated parking costs; and

     (5)  $           for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.

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

     SECTION 9.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) legal assistant.

     The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  This Act shall take effect on April 23, 2057.

Report Title:

Judiciary; Community Outreach Court; Homelessness; Appropriations

Description:

Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit.  Effective 4/23/2057.  (SD1)

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

A BILL FOR AN ACT

RELATING TO THE COMMUNITY OUTREACH COURT.

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

     SECTION 1.  The legislature finds that the worsening problem of homelessness on Oahu has led to residents being cited or arrested for drinking liquor in public, being in public parks after hours, trespassing, illegal camping on sidewalks and other public areas, and other non-violent or status offenses.  Many of those cited are unable to attend court or have misplaced their paperwork due to the transient and unstable nature of homelessness.  When a person fails to appear for court and has no known address, courts are left with no option but to issue a bench warrant.

     Under Act 55, Session Laws of Hawaii 2017, the judiciary, the office of the public defender, and the department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project.  The goal of the community outreach court is to assist non-violent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees.  By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing.  The community outreach court social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.

     The legislature finds that the community outreach court program has been successful.  Since its inception, the program has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.

     Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COMMUNITY OUTREACH COURT

     §   -1  Definitions.  As used in this chapter:

     "Community outreach court" means a division of the district court of the first circuit that shall address cases brought before it for non-violent, nonfelony offenders in which the prosecuting attorney and public defender have reached plea agreements.

     "Prosecuting attorney" means:

     (1)  The prosecuting attorney for the city and county of Honolulu;

     (2)  Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu;

     (3)  The attorney general; and

     (4)  Any deputy attorney general of the department of the attorney general.

     "Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.

     §   -2  Community outreach court; establishment.  (a)  The community outreach court shall be established as a division of the district court of the first circuit.

     (b)  The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.

     §   -3  Jurisdiction.  (a)  The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders deemed appropriate, after application and acceptance, for participation in the community outreach court.

     (b)  In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law.  Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.

     §   -4  Principles and components of the court.  The community outreach court shall include the following components:

     (1)  Emphasis on the early identification and timely placement of eligible offenders;

     (2)  Cooperation between the prosecuting attorney and public defender to resolve cases;

     (3)  Alternative sentencing of offenders, such as community service and participation in programs based upon the offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;

     (4)  Establishment of a coordinated strategy by the community outreach court to respond to an offender's compliance or noncompliance with the offender's sentence; and

     (5)  Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.

     §   -5  Court process.  (a)  The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.

     (b)  Only cases involving nonviolent, nonfelony offenses under state law and city ordinance shall be heard and disposed of by the community outreach court.

     (c)  The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:

     (1)  Are willing to participate in the court;

     (2)  Are willing to be represented by the public defender; and

     (3)  May benefit from participation in the court.

     After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.

     (d)  The prosecuting attorney shall review the list and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the court.  The prosecuting attorney or representative of the attorney general shall enter into plea agreement negotiations with the public defender for disposition of defendants' cases that the prosecuting attorney determines are appropriate.

     (e)  The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.

     (f)  At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."

     SECTION 3.  Act 55, Session Laws of Hawaii 2017, is repealed.

     SECTION 4.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:

     (1)  $           each for two full-time equivalent (2.0 FTE) court clerk positions;

     (2)  $           for one full-time equivalent (1.0 FTE) court bailiff position;

     (3)  $           for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and

     (4)  $           each for three full-time equivalent (3.0 FTE) adult client services social worker positions.

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

     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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.

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

     SECTION 6.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy public defender;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.

     The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.

     SECTION 7.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) deputy attorney general tasked with duties for the community outreach court.

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

     SECTION 8.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:

     (1)  $           for security through a contracted service provider;

     (2)  $           for facilities and associated costs, including for use of the Waianae Public Library;

     (3)  $           for equipment, including laptops and a mobile hotspot for internet access;

     (4)  $           for transportation costs, including a van and associated parking costs; and

     (5)  $           for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.

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

     SECTION 9.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:

     (1)  $           for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;

     (2)  $           for one full-time equivalent (1.0 FTE) paralegal; and

     (3)  $           for one full-time equivalent (1.0 FTE) legal assistant.

     The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  This Act shall take effect on July 1, 2025.

Report Title:

Judiciary; Community Outreach Court; Homelessness; Appropriations

Description:

Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit.

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

STAND. COM. REP. NO.  1331

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 361

      S.D. 2

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 361, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"

begs leave to report as follows:

     The purpose of this measure is to permanently establish and appropriate funds for the Community Outreach Court as a division of the District Court of the First Circuit.

     Your Committee received testimony in support of this measure from the Judiciary; Department of Human Services; Department of Law Enforcement; State Council on Mental Health; Office of the Public Defender; Waikiki Neighborhood Board; Opportunity for Youth Action Hawaiʻi Kawailoa; Institute for Human Services, Inc.; Hawaii Substance Abuse Coalition; and two individuals.

     Your Committee finds that since its inception, the Community Court Outreach Project has held several court sessions across Oahu.  Through these sessions, the Community Court Outreach Project has addressed more than ten thousand cases, recalled more than nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and assisted more than six hundred participants with social services or referrals.  This measure would further support the Community Court Outreach Project and provide much needed resources and funding to assist the Court's clients and operations.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 361, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 361, S.D. 2, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO. 918

Honolulu, Hawaii

RE:    S.B. No. 361

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 361, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"

begs leave to report as follows:

     The purpose and intent of this measure is to permanently establish and appropriate moneys for the Community Outreach Court as a division of the District Court of the First Circuit.

     Your Committee received written comments in support of this measure from the Department of Human Services, Judiciary, State Council on Mental Health, Institute for Human Services, Opportunity for Youth Action Hawaii, and three individuals.

     Your Committee received written comments on this measure from the Attorney General.

     Your Committee finds that the Community Outreach Court has been a highly successful pilot project.  Your Committee believes that permanently establishing the court in the District Court of the First Circuit will provide a beneficial alternative to traditional legal proceedings, help prevent unnecessary and costly entanglements with the criminal justice system, and help ensure that court participants receive appropriate support.

     Your Committee has amended this measure by:

     (1)  Making amendments recommended by the Department of the Attorney General.  Specifically:

          (A)  Amending the definition of "prosecuting attorney" to remove references to the Attorney General and Deputy Attorneys General;

          (B)  Deleting the Department of the Attorney General from the parties that may enter into plea agreement negotiations; and

          (C)  Deleting the appropriation in section 7 of the measure for one full-time Deputy Attorney General tasked with duties for the Community Outreach Court; and

     (2)  Making technical, nonsubstantive edits for purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 361, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 361, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 152

Honolulu, Hawaii

RE:    S.B. No. 361

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 361 entitled:

"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"

begs leave to report as follows:

     The purpose and intent of this measure is to permanently establish and appropriate funds for the Community Outreach Court as a division of the District Court of the First Circuit.

     Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, Department of the Prosecuting Attorney of the City and County of Honolulu, Hawaii Substance Abuse Coalition, and Opportunity for Youth Action Hawaiʻi.

     Your Committee finds that many homeless persons who receive citations for nonviolent crimes are unable to attend court or have misplaced their paperwork due to the transient and unstable nature of homelessness, which leaves the courts no option but to issue a bench warrant.  Bench warrants can be traumatic for the defendant and expends law enforcement officers' time and resources.  To help address this, the Judiciary, Office of the Public Defender, and Department of the Prosecuting Attorney of the City and County of Honolulu established a Community Outreach Court project to make court appearances more accessible to homeless persons.  Since its inception, the Community Outreach Court program has addressed more than ten thousand cases, recalled more than nine hundred bench warrants, lifted more than six thousand driver license stoppers, and assisted more than six hundred participants with social services or referrals.  The Community Outreach Court program removes some of the many barriers that homeless people face when trying to secure basic necessities such as employment, income assistance, and housing and should be a permanent program.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of April 23, 2057, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     Your Committee notes that this measure contains unspecified appropriation amounts and unspecified numbers of positions.  Your Committee further notes that your Committee has requested the Judiciary, Department of the Attorney General, Office of the Public Defender, and Department of the Prosecuting Attorney of the City and County of Honolulu to provide your Committee with the exact appropriation amounts and numbers of positions needed to implement the Community Outreach Court program established by this measure.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 361, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 361, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,