reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-11 Service of process; list.

§353C-11 Service of process; list.
(a) For service of process, the director shall maintain a list of independent civil process servers to process:
(1) Orders to show cause pursuant to chapters 603, 604, and 633;
(2) Garnishment pursuant to chapter 652;
(3) Writs of replevin and attachment pursuant to chapter 634;
(4) Writs of possession pursuant to chapters 501 and 666;
(5) Orders for examination pursuant to chapter 636; and
(6) Writs of attachment or execution pursuant to chapter 651.
(b) Any independent civil process server may submit the server's name to the director to be placed on the list;
provided that a person shall not be placed on the list if the person:
(1) Is serving a criminal sentence;
(2) Has been convicted of a crime within the previous ten years;
(3) Is required to register as a sex offender;
(4) Is subject to any other legal restriction, including a temporary restraining order, that prevents the person from serving process; or
(5) Cannot provide a copy of a current State of Hawaii general excise tax license.
(c) The department, the State, and the agencies, officers, and employees of the department or the State shall not be responsible or liable for the actions of any independent civil process servers on the list. The maintenance of the list shall not create a private cause of action against the department, the State, or the agencies, officers, and employees of the department or the State.
(d) Placement of a person's name on the list shall not make the person a law enforcement officer, sheriff or deputy sheriff, or an employee or agent of the State. [L 2021, c 41, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-13 Statewide law enforcement training center; law enforcement complex.

§353C-13 Statewide law enforcement training center; law enforcement complex.
There is established within the department a department of law enforcement training center. The center shall provide training and administer certification requirements of all state department of law enforcement personnel who exercise police powers in the State, and be available for all county law enforcement agencies. Such training shall conform to uniform statewide standards set by the law enforcement standards board pursuant to chapter 139. The center shall operate and maintain such facilities as are necessary to conduct training and certification under this section. A new law enforcement complex at the Mililani technology park, Oahu, is also established, to be administered by the department of law enforcement for multi-purpose law enforcement use to consolidate and support:
(1) The respective headquarters and administrative services of the affected functions involved;
(2) Training; and
(3) Related support services and facilities,
as required by law for the department of law enforcement to operate and function. [L 2022, c 278, §7]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-1 Findings and purpose.

§353D-1 Findings and purpose.
The legislature finds and declares that maintaining an inmate's family and community relationships is an effective correctional technique which reduces recidivism. The legislature further finds that enhancing visitor services increases the frequency and quality of visits, thereby discouraging violent prisoner activity; and that the location of prisons and the lack of services to assist visitors presently impedes visiting. [L 1987, c 251, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-2 Definitions.

§353D-2 Definitions.
As used in this chapter:
"Center" means an offender family service center.
"Department" means that department of the State that has jurisdiction over the administration of the correctional facilities.
"Program" means the offender family service center program. [L 1987, c 251, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-3 Offender family service center program; established.

§353D-3 Offender family service center program; established.
(a) There is established in the department an offender family service center program near the Oahu community correctional center.
(b) The department may contract with a private nonprofit agency pursuant to chapter 42D to implement this chapter. [L 1987, c 251, pt of §1; am L 1991, c 335, §13]
Note
The amendment made by L 1997, c 190, §6 is not included in this section.
Chapter 42D referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-4 Advisory council.

§353D-4 Advisory council.
There is established within the department for administrative purposes an offender family service center program advisory council. The council shall consist of seven members, of whom two shall be offender family members. The members of the council shall be appointed by the director of corrections and rehabilitation in consultation with private secular and religious organizations. The council may review and make recommendations to the director to improve the services rendered by the center. [L 1987, c 251, pt of §1; am L 1988, c 141, §34; am L 1991, c 3, §3; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-5 Purposes.

§353D-5 Purposes.
The purposes of the program and center are to provide the following services to families of offenders:
(1) Provision of clothing donated to the center by private organizations or individuals;
(2) Information on regulations and procedures governing visits;
(3) Referral to other agencies and services; and
(4) A shelter area, outside of the security perimeter, for visitors and visitors' children who are waiting before or after visits. [L 1987, c 251, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-6 Nonprofit agency: criteria for selection.

§353D-6 Nonprofit agency: criteria for selection.
The department shall employ all the following criteria in selecting a nonprofit agency with which it may contract pursuant to section 353D
-
3:
(1) The number and quality of services proposed in comparison to direct program costs;
(2) Prior experience in working cooperatively with the department of social services and housing, other correctional agencies, community programs, inmates, visitors, and the general public;
(3) The ability to use volunteers and other community resources to maximize the cost effectiveness of the program. [L 1987, c 251, pt of §1]
Note
"Department of social services and housing" renamed. L 1987, c 339.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-7 Annual report.

§353D-7 Annual report.
The agency administering the program shall annually submit to the department and to the legislature a report to include, but not limited to, the following:
(1) A quantitative and narrative description of the services rendered;
(2) A description of the impact of the centers' services to families;
(3) A description of areas for improvement of services or coordination with other public or private agencies; and
(4) A description of the community resources which were utilized. [L 1987, c 251, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353D. Offender Family Service Center Act › 353D-8 Other provisions.

§353D-8 Other provisions.
Nothing in this chapter is intended to limit the department in developing additional programs or making all reasonable efforts to promote services to families of offenders under its jurisdiction. [L 1987, c 251, pt of §1]
Revision Note
"Chapter" substituted for "part" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353E. Statewide Integrated Sex Offender Treatment Program › 353E-1 Sex offender treatment; statewide program established.

§353E-1 Sex offender treatment; statewide program established.
There is established the statewide integrated sex offender treatment program for the treatment of adult sex offenders in the custody of the State and juvenile sex offenders in cases where family court jurisdiction was waived pursuant to section 571-22, to be implemented on a cooperative basis by the department of corrections and rehabilitation, judiciary, Hawaii paroling authority, department of health, department of human services, and any other agency that may be assigned sex offender oversight responsibilities. The sex offender treatment program shall:
(1) Develop and continually update, as necessary, a comprehensive statewide master plan for the assessment, evaluation, treatment, and supervision of sex offenders that provides for a continuum of programs under a best practices philosophy;
(2) Develop and implement a statewide, integrated system of sex offender assessment, evaluation, treatment, and supervision services and programs that reflect the goals and objectives of the master plan;
(3) Identify all offenders in their custody who would benefit from sex offender treatment;
(4) Work cooperatively to monitor and evaluate the development and implementation of sex offender assessment, evaluation, supervision, and treatment programs and services;
(5) Develop appropriate training and education programs for public and private providers of sex offender treatment, assessment, evaluation, and supervision services;
(6) Conduct research and compile relevant data on sex offenders;
(7) Work cooperatively to develop a statewide management information system for sex offender treatment;
(8) Make every effort to secure grant funds for research, program development, training, and public education in the area of sex assault prevention;
(9) Network with public and private agencies that come into contact with sex offenders to keep abreast of issues that impact and increase community awareness regarding the statewide sex offender treatment program;
(10) As far as practicable, share information and pool resources to carry out responsibilities under this chapter;
(11) Coordinate their funding requests for sex offender treatment programs to deter competition for resources that might result in an imbalance in program development that is detrimental to the master plan treatment concept; and
(12) Develop and implement standards and guidelines for the assessment, evaluation, treatment, and supervision of sex offenders. [L 1992, c 164, pt of §2; am L 2016, c 36, §1; am L 2022, c 278, §29]
Case Notes
Although the master plan did not specifically discuss polygraph testing as a treatment tool for sex offenders, use of polygraphs not precluded under the Hawaii sex offender treatment program. 92 H. 289 (App.), 990 P.2d 1171 (1999).
2023 Hawaii Revised Statutes › Title 20. Social Services › 353E. Statewide Integrated Sex Offender Treatment Program › 353E-2 Interagency coordination.

§353E-2 Interagency coordination.
(a) To carry out their responsibilities under section 353E-1, the department of corrections and rehabilitation, Hawaii paroling authority, judiciary, department of health, department of human services, and any other agency assigned sex offender oversight responsibilities by law or administrative order, shall establish, by an interagency cooperative agreement, a coordinating body, to be known as the sex offender management team, to oversee the development and implementation of sex offender assessment, evaluation, treatment, and supervision services and programs in the State consistent with section 353E-1(1). The interagency cooperative agreement shall set forth the role of the sex offender management team and the responsibilities of each agency that is a party to the agreement.
(b) The department of corrections and rehabilitation shall be the lead agency for the statewide integrated sex offender treatment program. As the lead agency, the department shall act as facilitator of the sex offender management team by providing administrative support to the sex offender management team.
(c) Notwithstanding any other provision to the contrary, for purposes of sex offender treatment and community supervision, any agency that is part of the interagency cooperative agreement shall provide, upon the request of any other participating agency, all relevant criminal, parole, medical, psychological, or mental health records of any offender receiving supervision or treatment while under custody of the State. Records received by a participating agency under this section shall be confidential and shall be disclosed by the receiving agency only for the purposes and under the circumstances expressly authorized by this section. Any agency providing records under this section shall document the disclosures made under this section, including the name of the agency to which the record is disclosed, the title of the record disclosed, and the date of disclosure.
(d) The sex offender management team may hold meetings closed to the public pursuant to section 92-4 for the purpose of discussing information relating to individual sex offenders where disclosure of the information would be a clearly unwarranted invasion of personal privacy. [L 1992, c 164, pt of §2; am L 1999, c 95, §2; am L 2016, c 36, §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-2 Definitions.

§353G-2 Definitions.
As used in this chapter unless the context requires otherwise:
"Assessment" means an ongoing process through which a substance abuse professional collaborates with a client and other persons to gather and interpret information necessary for planning treatment and evaluating the client's progress.
"Assessment program" refers to a not-for-profit corporation, government agency, or other entity accredited by the department of health to provide substance abuse services, or to a substance abuse professional certified pursuant to section 321
-
193.
"Drug or alcohol dependent" means in a state of physical or psychological dependence, or both, arising from the use of a controlled substance or alcohol on a continuous basis that is characterized by behavioral and other responses, including but not limited to a strong compulsion to take the controlled substance or alcohol on a recurring basis, regardless of consequence, in order to experience its psychotropic effects or to avoid the discomfort of its absence.
"Repeat offender" means any inmate in a state correctional center or facility who meets the requirements of section 353G
-
3(a).
"Substance abuse or additional treatment" means any type of drug or alcohol treatment ordered by the department of corrections and rehabilitation, the Hawaii paroling authority, or the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility to address a person's drug or alcohol dependence or other substance abuse or addiction treatment.
"Substance abuse program" or "treatment program" means a program concerned with education, prevention, or treatment directed toward achieving the prevention of substance abuse, or the social, mental, and physical restoration of substance abusers. The term "program" is synonymous with facility, agency, unit, and organization.
"Test" or "drug test" means a test conducted in a medically safe and appropriate manner to determine the presence or absence of alcohol or controlled substance metabolites, or to determine the recent or historical use of alcohol or a controlled substance by the subject of the test. [L 1998, c 152, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-3 Mandatory drug testing of repeat offenders.

§353G-3 Mandatory drug testing of repeat offenders.
(a) Any inmate who has been convicted of
an offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to submit to drug testing.
(b) Drug tests shall be administered by the department of corrections and rehabilitation, in accordance with drug testing standards or rules adopted by the department of health that ensure fair, accurate, and reliable testing and confirmatory procedures and protect the chain of custody as required by section 329B
-
2.5(4). The sample or specimen used in the drug test shall be provided by or taken from the inmate in a medically safe and appropriate manner.
(c) The test shall be performed as soon as practicable after conviction and prior to the release of the inmate. If an inmate has not undergone a drug test prior to the time of release, submission to a drug test shall be a condition of the inmate's release pursuant to section 353G
-
7. [L 1998, c 152, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-5 Drug test results or assessment; confidentiality of.

§353G-5 Drug test results or assessment; confidentiality of.
(a) Unless otherwise ordered by a court, the drug test results and assessment results of an inmate, parolee, or other person released from a correctional center or facility shall be provided as soon as practicable to the inmate, parolee, or other person who submitted to the test or assessment, the department of corrections and rehabilitation or the agency responsible for monitoring the parolee's or other person's compliance with the terms and conditions of parole or other release from a correctional center or facility, as applicable, and the assessment program or treatment program, as applicable.
(b) The assessment shall include:
(1) A clinical summary based on information gained through the assessment;
(2) A diagnosis supported by the clinical summary; and
(3) A recommendation for level of substance abuse treatment, supported by the clinical summary.
(c) Anyone receiving drug test results or assessment results under subsection (a) shall keep that information confidential in accordance with the requirements of title 42 United States Code section 290dd-2. [L 1998, c 152, pt of §2; am L 2011, c 43, §20; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-6 Use of drug test or assessment results.

§353G-6 Use of drug test or assessment results.
(a) Except as provided by law, the results of an inmate's drug test required or ordered under this chapter shall be used only to determine:
(1) Whether the department of corrections and rehabilitation shall order treatment or an assessment;
(2) Appropriate conditions of parole or other release from a correctional center or facility; or
(3) An appropriate sanction for violation of a term or condition of the person's participation in a treatment program imposed pursuant to section 353G
-
9 or any other law.
(b) Except as provided by law, an assessment shall be used only for the purposes listed in subsection (a)(2) or (a)(3) and to provide background information about an inmate to any person or agency conducting a prerelease assessment pursuant to section 353G-4.
(c) Except as provided in this chapter, any information obtained as a result of an assessment program or a treatment program, including positive drug tests, shall be kept confidential in accordance with the requirements of title 42 United States Code section 290dd-2. [L 1998, c 152, pt of §2; am L 2011, c 43, §21; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-7 Conditions of parole or other release from a correctional center or facility.

[ §353G-7] Conditions of parole or other release from a correctional center or facility.
(a) If an inmate ordered pursuant to this chapter to participate in a treatment program is granted parole or other release from a correctional center or facility, the inmate shall agree as a condition of parole or other release to the following terms:
(1) Submit to subsequent unannounced, random, periodic drug tests to be performed by the agency responsible for monitoring the inmate's compliance with the terms and conditions of parole or other release from a correctional center or facility;
(2) Undergo an assessment as required by section 353G
-
4 and cooperate fully with the assessment program;
(3) Participate in a treatment program and cooperate fully with the treatment program;
(4) Fulfill satisfactorily any other terms and conditions ordered by the agency responsible for monitoring the inmate's compliance with the terms and conditions of parole or other release from a correctional center or facility, including but not limited to:
(A) Periodic telephone contact or office visits to a designated person or agency;
(B) Periodic unannounced visits by a designated person or agency to the inmate's home or place of commitment;
(C) Curfew or restricted travel and associations; and
(D) Electronic monitoring;
(5) Cooperate fully with the agency responsible for monitoring the inmate's compliance with the terms and conditions of parole or other release from a correctional center or facility; and
(6) Pay drug testing and assessment fees in accordance with section 353G
-
10.
(b) The inmate shall acknowledge, as a condition of parole or other release from a correctional center or facility, that failure to comply with the terms set forth in subsection (a) may result in the modification of the conditions of parole or other release by the agency responsible for monitoring the inmate's compliance.
(c) Nothing in this chapter shall preclude a person from petitioning the agency responsible for monitoring the person's compliance with the terms and conditions of parole or other release from a correctional center or facility to modify the terms and conditions of the person's parole or other release. [L 1998, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-8 Report on progress in treatment programs and compliance with conditions.

§353G-8 Report on progress in treatment programs and compliance with conditions.
(a) If a person has been ordered to participate in a treatment program, the designated treatment program shall report periodically on the person's progress in the treatment program to the agency responsible for monitoring the person's compliance with the terms and conditions of parole or other release from a correctional center or facility.
(b) A designated treatment program shall promptly notify the agency responsible for monitoring the person's compliance with the terms and conditions of parole or other release from a correctional center or facility if the person:
(1) Fails to comply with program rules and treatment expectations;
(2) Refuses to engage constructively in the treatment process; or
(3) Terminates participation in the treatment program.
Upon this notification, the agency responsible for monitoring the person's compliance shall promptly report the person's actions to the appropriate authority. [L 1998, c 152, pt of §2]
Revision Note
In subsection (b)(1), "or" deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-9 Sanctions.

§353G-9 Sanctions.
Upon a positive drug test or any other substantive violation of any term or condition of a person's participation in a treatment program ordered pursuant to this chapter, the appropriate authority shall immediately impose such sanction or combination of sanctions as may be appropriate. If the appropriate authority elects not to impose a sanction, the appropriate authority shall make a written finding setting forth the reasons for its decision. [L 1998, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-10 Drug testing or assessment fees.

§353G-10 Drug testing or assessment fees.
(a) Except as provided in subsection (b), the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility shall impose upon the person reasonable fees to cover the cost of:
(1) Any drug test of the person required or ordered under this chapter; and
(2) Any assessment of the person required or ordered under this chapter.
The fees shall not be less than the actual and administrative costs of a drug test or assessment. The fees may be deducted from any income a person has received as a result of labor performed in a correctional center or facility or any type of work release program.
(b) Upon a finding of indigence, the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility shall require the person to pay as much of the fee as is consistent with the person's ability to pay.
(c) All fees collected pursuant to subsection (a)(1) shall be forwarded to the agency responsible for monitoring the person's compliance with the terms and conditions of parole or other release from a correctional center or facility for payment of costs associated with the agency's drug testing program.
(d) All fees collected pursuant to subsection (a)(2) shall be forwarded to the assessment program for payment of costs associated with the provision of assessments. [L 1998, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-11 Escape from residential treatment facility.

§353G-11 Escape from residential treatment facility.
A person placed into a residential treatment facility or program pursuant to this chapter shall be deemed to be subject to official detention for the purposes of a criminal prosecution for violation of section 710
-
1020 or 710
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1021. [L 1998, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-12 Satisfactory progress in treatment program as mitigating factor.

§353G-12 Satisfactory progress in treatment program as mitigating factor.
A person's satisfactory progress in a treatment program as determined by the treatment program's report shall be considered a mitigating factor and evidence of the person's amenability to treatment for purposes of determining the terms and conditions of parole or other release from a correctional center or facility. [L 1998, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-14 Rules.

§353G-14 Rules.
The department of corrections and rehabilitation shall adopt rules in accordance with chapter 91, and shall develop and periodically review and revise guidelines, directives, standards, and protocols and shall take other actions as are necessary and appropriate, to effectuate the purposes of this chapter. [L 1998, c 152, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-15 Accreditation and standards.

§353G-15 Accreditation and standards.
All treatment programs and assessment programs providing services pursuant to this chapter shall be accredited by the department of health. In addition, the department of health shall designate accredited treatment programs and assessment programs that have special skills in providing treatment services and assessment services to persons involved in or referred from the criminal justice system. The department of health shall develop program standards to ensure the provision of the full continuum of care for persons ordered to participate in a treatment program pursuant to this chapter. The standards shall address, but need not be limited to, the following:
(1) Defining the continuum of care;
(2) Matching persons to appropriate treatment programs; and
(3) Recruiting and hiring practices representative of the population to be treated, including individuals in recovery from alcohol and other drug abuse and addiction. [L 1998, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-16 Funding sources.

§353G-16 Funding sources.
(a) The department of corrections and rehabilitation, with the assistance of the department of health, may pursue all available funding through federal programs and private sources. Contingent upon the receipt of sufficient funds, the department of corrections and rehabilitation may implement the assessment and treatment services mandated pursuant to this chapter. If at any time funds are not available, the department may not be required to provide these services. In addition, the department of corrections and rehabilitation, in conjunction with the department of health, may pursue all available federal matching funds through medicaid for nonhospital residential alcohol and other drug treatment services from the United States Centers for Medicare and Medicaid Services.
(b) Where the person to whom assessment services or treatment services are provided pursuant to this chapter is a member of a health maintenance organization or otherwise covered by any contract or program for health insurance, every reasonable effort shall be made to ensure that the cost of assessment services and treatment services are defrayed by the health maintenance organization or insurer. Notwithstanding any other law to the contrary, where a health maintenance organization, insurer, or managed care contractor disputes the treatment recommendation accepted by the appropriate authority pursuant to this chapter, the treatment recommendation shall prevail and shall be deemed to be reasonable and appropriate. [L 1998, c 152, pt of §2; am L 2011, c 43, §12; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353G. Criminal Offender Treatment Act › 353G-17 Immunity from liability.

§353G-17 Immunity from liability.
(a) Any accredited assessment program or treatment program or substance abuse professional certified pursuant to section 321
-
193 that, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in providing assessment services or treatment services; provided the skill and care given is that ordinarily required and exercised by other persons in the profession. The grant of immunity provided for in this subsection also shall extend to all employees and administrative personnel of the accredited program.
(b) Any qualified person who withdraws or otherwise obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to this chapter shall not be liable in any civil action for damages for so acting; provided that the skill and care exercised is that ordinarily required and exercised by similar programs or other persons in the profession. [L 1998, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-2 Definitions.

§353H-2 Definitions.
When used in this chapter:
"Community-based long-term support programs" include programs administered and operated by community agencies, faith-based organizations, and other entities offering support to offenders for at least one year.
"Community-based programs" are programs that are administered and operated outside of a correctional facility.
"Department" means the department of corrections and rehabilitation.
"Institution-based programs" are services offered within a correctional facility.
"Reentry programs" include programs that are located within a correctional facility.
"Reintegration programs" include programs that are located within a correctional facility.
"Transition programs" include programs that are located within a correctional facility. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-2.5 Offender reentry office.

§353H-2.5 Offender reentry office.
There shall be established within the department of corrections and rehabilitation an offender reentry office to oversee the development and implementation of the comprehensive offender reentry system.
The offender reentry office shall:
(1) Ensure that the present and future reentry needs of persons committed to correctional facilities are being evaluated and met in an effective and appropriate manner;
(2) Develop and implement risk needs assessment tools to properly place offenders in programs and services;
(3) Match offenders to programs and services that address risks and needs identified;
(4) Monitor and record progress made by offenders while participating in prescribed programs and services;
(5) Identify and make recommendations to address needs not addressed by programs and services;
(6) Provide training opportunities for department staff and service providers in assessments and evidence-based practices;
(7) Work closely and collaborate with the community service and work furlough programs located in the community correctional centers and correctional facilities;
(8) Work closely and collaborate with the Hawaii paroling authority; and
(9) Work closely and collaborate with community partners such as organizations, businesses, and concerned citizens. [L 2012, c 76, §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-3 Offender reentry system plan; creation.

§353H-3 Offender reentry system plan; creation.
(a) The department of corrections and rehabilitation shall develop a comprehensive and effective offender reentry system plan for adult offenders exiting the prison system.
(b) The department of corrections and rehabilitation shall develop comprehensive reentry plans and curricula for individuals exiting correctional facilities in order to reduce recidivism and increase a person's successful reentry into the community. The reentry plans shall include, but not be limited to:
(1) Adopting an operational philosophy that considers that offender reentry begins on the day an offender enters the correctional system. Each offender entering the system shall be assessed to determine the offender's needs in order to assist the individual offender with developing the skills necessary to be successful in the community;
(2) Providing appropriate programs, including, but not limited to, education, substance abuse treatment, cognitive skills development, vocational and employment training, and other programs that help to meet the assessed needs of each individual;
(3) Developing a comprehensive network of transitional programs to address the needs of individuals exiting the correctional system;
(4) Ensuring that all reentry programs are gender-responsive;
(5) Issuing requests for proposals from community-based nonprofit programs with experience with offenders in the area of reentry; and
(6) Instituting model reentry programs for adult offenders. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-4 Model programs; department of corrections and rehabilitation.

§353H-4 Model programs; department of corrections and rehabilitation.
Subject to funding by the legislature, the department of corrections and rehabilitation shall enhance the State's comprehensive offender reentry system by developing model programs designed to reduce recidivism and promote successful reentry into the community. Components of the model programs shall include but are not limited to:
(1) Highly skilled staff who are experienced in working with offender reentry programs;
(2) Individualized case management and a full continuum of care to ensure successful reentry;
(3) Life skills development workshops, including budgeting, money management, nutrition, and exercise; development of self-determination through education; employment training; special education for the learning disabled; social, cognitive, communication, and life skills training; and appropriate treatment programs, including substance abuse and mental health treatment;
(4) Parenting and relationship building classes. The department shall institute policies that support family cohesion and family participation in offenders' transition to the community, and, where possible, provide geographical proximity of offenders to their children and families; and
(5) Ongoing attention to building support for offenders from communities, community agencies, and organizations. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-5 Children of incarcerated parents; families.

§353H-5 Children of incarcerated parents; families.
The director of corrections and rehabilitation shall:
(1) Establish policies or rules that parent inmates be placed in correctional facilities, consistent with public safety and inmate security, in the best interest of the family, rather than on economic or administrative factors;
(2) Consider as a factor an offender's capacity to maintain parent-child contact when making prison placements of offenders;
(3) Conduct, coordinate, or promote research that examines the impact of a parent's incarceration on the well-being of the offender's child that shall include both direct contact with an offender's child, as well as reports of caregivers; and
(4) Conduct, coordinate, or promote research that focuses on the relationship of incarcerated fathers with their children and the long-term impact of incarceration on fathers and their children. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-6 Employment of ex-offenders.

§353H-6 Employment of ex-offenders.
(a) The director of labor and industrial relations shall take the necessary steps to ensure offenders and ex-offenders are included and involved in utilizing state and private resources for employment and training opportunities as well as life skills and educational opportunities.
(b) The department of corrections and rehabilitation safety, with the assistance of the department of taxation and the department of labor and industrial relations, shall develop and propose for legislative consideration, tax incentives for employers who hire individuals who were formerly incarcerated. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-7 Return of out-of-state inmates.

§353H-7 Return of out-of-state inmates.
(a) The director of corrections and rehabilitation shall return Hawaii inmates held in out-of-state prisons at least one year prior to the inmate's parole or release date in order for these inmates to participate in programs preparing them for reentry on the island where they have the most support; provided that inmates participating in reentry programs at the mainland facility in which they are incarcerated consent to the return.
(b) The provisions of subsection (a) shall not prevent the return of other Hawaii inmates held in out-of-state prisons with less than one year left of their sentence from being returned in preparation for reentry to the island where they have the most support.
(c) The department of corrections and rehabilitation shall provide a report to the legislature at the end of each calendar year on any inmates not returned pursuant to this section with an explanation of the reasoning and circumstances for noncompliance. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-9 Annual reporting requirements.

§353H-9 Annual reporting requirements.
(a) For each program established pursuant to this chapter, the department shall submit a report to the legislature no later than the first day of December each year, beginning with the period ending on November 30, 2018. Each report shall reference key performance indicators that track rehabilitation and reentry efforts for individuals being prepared to exit the correctional system. The report shall also include:
(1) A complete list of programs offered;
(2) The length of each program;
(3) Each program's success rate, including the percentage of participant completion in the previous two years;
(4) A description of participant criteria assessed by the program for admittance;
(5) The number of available positions with each program;
(6) The number of potential participants on waiting lists;
(7) The number of participants who do not complete the program;
(8) A summary of reasons why participants do not complete a program; and
(9) A complete list of programs that are no longer offered and explanations for termination of the programs.
(b) The department shall also submit a report, including all of the key performance indicators provided under this chapter, to the legislature no later than the first day of December each year, beginning with the period ending on November 30, 2018.
(c) The department shall also post the reports electronically on the department's website in a timely manner. [L 2018, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353H. Comprehensive Offender Reentry System › 353H-32 Offender reentry; identification documents.

§353H-32 Offender reentry; identification documents.
(a) The department, in collaboration with the department of transportation and the examiner of drivers of each county, shall inform inmates that departmental assistance is available to obtain civil identification cards, in accordance with part XVI of chapter 286, and upon request shall assist inmates who have one year or less prior to the inmate's parole or release date remaining on their prison sentence in obtaining a civil identification card.
(b) The department, in collaboration with appropriate federal, state, and county agencies, shall also inform inmates of the availability of departmental assistance to obtain the inmate's birth certificate, social security card, and any other relevant identification documents necessary for the inmate to transition into the workforce, access social services, secure or verify applicable medicaid eligibility, and secure housing, and upon request shall assist the inmates who have one year or less prior to the inmate's parole or release date.
(c) For an inmate released to work furlough, extended furlough, or community placement programs, the department of corrections and rehabilitation shall initiate the process of assisting the inmate pursuant to subsections (a) and (b) at least ninety days prior to the inmate being released by providing the forms necessary for the inmate to obtain civil identification cards to the inmate.
(d) Any form the department provides pursuant to this section shall be in the inmate's primary language. [L 2017, c 56, §1; am L 2018, c 78, §1; am L 2022, c 103, §1 and c 278, §29]
Note
Inmates released with and without identification documents; annual report to legislature (starting with the 2019 session). L 2017, c 56, §2.
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-1 Finding and purpose.

§354D-1 Finding and purpose.
The legislature finds that the number and types of programs operated by the department of corrections and rehabilitation shall be expanded to provide a comprehensive work program for inmates. The full development of inmate employment opportunities shall be expanded to enable correctional industries programs to operate in a cost-effective manner.
The purpose of this chapter is to:
(1) Establish the correctional industries program to allow expanded industries programs to generate revenue to sustain its operation and allow for capital investment. The program should be structured to allow for the increased involvement of correctional industries in providing specific training skills for offenders that increase their employment prospects after release;
(2) Develop industries that provide a maximum level of work for all qualified, able-bodied inmates;
(3) Provide an environment for the operation of correctional industries similar to that of a private business operation;
(4) Encourage cooperative training ventures between the correctional industries program and the private sector; and
(5) Provide for low-cost construction, renovation, and repairs of facilities, grounds, furniture, vehicles, and equipment for private nonprofit social service, education, and health agencies and programs. [L 1990, c 341, pt of §1; am L 1991, c 256, §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-2 Definitions.

§354D-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Able-bodied inmate" means any person in the custody of the department of corrections and rehabilitation who, as determined by the department, is physically and mentally able to participate in a work program or other training program authorized by this chapter.
"Administrator" means the administrator of the correctional industries program.
"Advisory committee" means the correctional industries advisory committee established in section 354D-5.
"Department" means the department of corrections and rehabilitation.
"Director" means the director of corrections and rehabilitation. [L 1990, c 341, pt of §1; am L 1992, c 36, §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-3 Correctional industries program.

§354D-3
Correctional industries program.
There is established a correctional industries program within the department. The administrator of the correctional industries program shall be appointed by the director without regard to chapter 76. The director may appoint other employees necessary to carry out the function of this chapter without regard to chapter 76; provided that the number of temporary exempt positions covered under this section shall not exceed sixty-five in any fiscal year. [L 1990, c 341, pt of §1; am L 1995, c 170, §6; am L 1997, c 175, §1; am L 2000, c 253, §150; am L 2008, c 65, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-3.5 Annual report.

§354D-3.5 Annual report.
The department shall submit to the legislature an annual report at least twenty days prior to the convening of each regular session which shall include:
(1) A listing by position number and title of all positions established under section 354D-3;
(2) The salaries paid to the employees in these positions;
(3) A description of the duties and responsibilities of each employee; and
(4) The usual work site of each employee. [L 1995, c 170, §3]