HOUSE OF REPRESENTATIVES	H.B. NO.	2353
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

 

 

RELATING TO CRIMINAL JUSTICE DATA SHARING GROUPS.

 

 

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

 

     SECTION 1.  The legislature finds that there are several working groups and commissions that focus on gun violence, violent crime, and criminal data sharing, including the governor's commission on crime, criminal justice data sharing working group, and gun violence and violent crimes commission.  Each of these groups' purposes have some overlap with one another, and the membership of these working groups and commissions all include the county prosecutors, county police chiefs, and the attorney general.  As such, each of these public servants attend multiple and overlapping meetings.

     Accordingly, the purpose of this Act is to increase the efficiency and effectiveness of the data sharing working groups in the State by establishing the criminal justice data sharing and research group, which consolidates the efforts of the criminal justice data sharing working group established in Act 157, Session Laws of Hawaii 2023, and the gun violence and violent crimes commission codified under chapter 134C, Hawaii Revised Statutes.

     SECTION 2.  Chapter 134C, Hawaii Revised Statutes, is amended to read as follows:

"[[]CHAPTER 134C[]

GUN VIOLENCE AND VIOLENT CRIMES COMMISSION] CRIMINAL JUSTICE DATA SHARING AND RESEARCH GROUP

     [[]§134C-1[]  Gun violence and violent crimes commission;] Criminal justice data sharing and research group; established.  There [is] shall be established [the gun violence and violent crimes commission that shall be placed] within the department of the attorney general for administrative purposes only[.] the criminal justice data sharing and research group.

     §134C-2  [Gun violence and violent crimes commission;] Criminal justice data sharing and research group; membership.  (a)  The attorney general or the attorney general's designee shall coordinate and serve as the [chair] chairperson of the [gun violence and violent crimes commission.] criminal justice data sharing and research group.

     (b)  The following individuals, or their designees, shall serve as members of the [gun violence and violent crimes commission:] criminal justice data sharing and research group:

     (1)  The chief justice of the supreme court of Hawaii;

     (2)  The director of [health;] corrections and rehabilitation;

     (3)  The director of law enforcement;

     (4)  [A county prosecuting attorney to be selected by the chair of the commission;] The administrative director of the courts;

     (5)  The public defender;

     (6)  The prosecuting attorney of each county;

    [(6)] (7)  The chief of police of each county;

    [(7)  The administrator of the Hawaii state hospital;]

     (8)  The dean of the college of social sciences at the University of Hawaii at Manoa;

     (9)  The dean of the John A. Burns school of medicine;

   [(10)  One representative from a group that advocates for stricter gun safety laws; and

    (11)  One representative from a firearm advocacy group.]

    (10)  The chair of the senate standing committees with primary jurisdiction over public safety and intergovernmental and military affairs; and

    (11)  The chair of the house of representatives standing committees with primary jurisdiction over corrections, military, and veterans.

     (c)  [The chair of the gun violence and violent crimes commission may request the participation or input of experts in gun violence and violent crimes; county, state, and federal officials; members of the public; and other persons as necessary.] The criminal justice data sharing and research group shall select a vice chairperson from among its members.

     (d)  The members of the [gun violence and violent crimes commission] criminal justice data sharing and research group shall serve without compensation but may be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.

     [[]§134C-3[]  Gun violence and violent crimes commission;] Criminal justice data sharing and research group; powers and duties.  (a)  The purpose of the [gun violence and violent crimes commission] criminal justice data sharing and research group shall be to address [gun violence and violent crimes in Hawaii.] the complexities of statewide data sharing in the criminal justice system and make recommendations for the implementation of a statewide criminal justice data repository by July 1, 2028.

     [(b)  The gun violence and violent crimes commission shall provide coordination, facilitation, and planning among state and county agencies, federal agencies, and other partners as appropriate to carry out its purpose.

     (c)] (b)  The [gun violence and violent crimes commission] criminal justice data sharing and research group shall [endeavor to]:

     (1)  Develop a formal memorandum of agreement to be executed by participating departments and agencies to ensure the repository's continued operation and coordinated planning and development;

     (2)  Identify operational and policy drivers that will influence development priorities for the repository in the short and long term;

     (3)  Identify policy, legislative, and operational issues associated with the planning, development, and implementation of the repository;

     (4)  Formulate recommendations for changes in policy, legislation, and operations to facilitate data sharing;

    [(1)] (5)  Identify relevant data that may be used to reduce gun violence and violent crimes;

    [(2)] (6)  Identify areas in which relevant data that may be used to reduce gun violence and violent crimes is not available;

    [(3)] (7)  Maximize the sharing between the departments and agencies represented on the [commission] group and other appropriate stakeholders of data relevant to reducing gun violence and violent crimes; and

    [(4)] (8)  Coordinate and conduct research on gun violence and violent crimes.

     [(d)  The gun violence and violent crimes commission may work with and engage stakeholders for the purposes of this chapter.]

     (c)  The criminal justice data sharing and research group may:

     (1)  Hold informational briefings and listening sessions to gather input from the public on issues related to criminal justice data sharing within the State; and

     (2)  Request assistance and feedback from subject matter experts, as needed, to enable the group to carry out its work.

     (d)  The data to be shared between departments and agencies may include:

     (1)  For each criminal case:

          (A)  Pre-charging information;

          (B)  Case number;

          (C)  Date the alleged offense occurred;

          (D)  County in which the offense is alleged to have occurred;

          (E)  Date the defendant was taken into physical custody by a law enforcement agency or was issued a notice to appear on a criminal charge, if the date is different than the date on which the offense is alleged to have occurred;

          (F)  Date that the criminal prosecution of a defendant was formally initiated, either by the state attorney filing an information with the clerk of the court, or an indictment issued by a grand jury;

          (G)  Arraignment date;

          (H)  Attorney assignment date;

          (I)  Attorney withdrawal date;

          (J)  Case status; and

          (K)  Disposition date;

     (2)  For each defendant:

          (A)  Name;

          (B)  Date of birth;

          (C)  Age;

          (D)  Race, ethnicity, and national origin;

          (E)  Gender;

          (F)  Address of primary residence;

          (G)  Primary language;

          (H)  Citizenship;

          (I)  Immigration status, if applicable;

          (J)  Whether the defendant has been found by a court to be indigent;

          (K)  Information related to any formal charges filed against the defendant, including:

               (i)  Charge description;

              (ii)  Charge modifier, if applicable; and

             (iii)  Drug type for each drug charge, if known;

          (L)  Qualifications for any flag designation, including flags for domestic violence, gang affiliation, sexual offenses, habitual offenses, or pretrial release violations;

          (M)  Information related to bail or bond and pretrial release determinations, including:

               (i)  All monetary and nonmonetary conditions of release;

              (ii)  Any modification of bail or bond conditions made by a court having jurisdiction to try the defendant or by the circuit court, including modifications to any monetary or nonmonetary conditions of release;

             (iii)  Cash bail or bond payment, including whether the defendant utilized a bond agent to post a surety bond; and

              (iv)  Any bail or bond revocation due to a new offense, failure to appear, or violation of the terms of bail or bond, if applicable;

          (N)  Information related to sentencing, including:

               (i)  Date that a court entered a sentence against a defendant;

              (ii)  Charge sentenced to, including charge sequence number, charge description, statute, type, and charge class severity;

             (iii)  Sentence type and length imposed by the court, including the total duration of imprisonment in a court detention facility or state correctional institution or facility, and conditions for probation or community control supervision; and

              (iv)  Amount of time that the defendant has served in custody that is related to the reported criminal case and will be credited at the time of the case's disposition to reduce the actual length of time the defendant will serve on the term of imprisonment that the court orders at disposition; and

          (O)  Any restitution ordered, including the amount collected by the court and the amount paid to the victim;

     (3)  For each victim, the relationship to the offender, if any;

     (4)  For each inmate:

          (A)  Date and reason the defendant was processed into the county detention facility subsequent to an arrest for a new violation of law, probation, or community control;

          (B)  Qualifications for any flag designation, including flags for domestic violence, gang affiliation, sexual offenses, habitual offenses, or pretrial release violations;

          (C)  Identification number assigned by the reporting department or agency;

          (D)  Number of children;

          (E)  Education level, including any vocational training;

          (F)  Date the inmate was admitted to the custody of the reporting department or agency;

          (G)  Current institution placement and the security level assigned to the institution;

          (H)  Custody level assignment;

          (I)  Whether the reason for admission to the reporting department or agency was for a new conviction or a violation of probation, community control, or parole.  For an admission of probation, community control, or parole violation, whether the violation was technical or based on a new violation of law;

          (J)  Specific statutory citation for which the inmate was committed to the department or agency, including an inmate convicted of drug trafficking;

          (K)  Length of sentence or concurrent or consecutive sentences served;

          (L)  Tentative release date;

          (M)  Any prior incarceration within the State;

          (N)  Any disciplinary violation and action; and

          (O)  Any participation in rehabilitative or educational programs while in the custody of the department or agency; and

     (5)  For persons supervised by the reporting department or agency for probation or community control:

          (A)  Name;

          (B)  Date of birth;

          (C)  Race, ethnicity, and national origin;

          (D)  Gender;

          (E)  Department- or agency-assigned case number;

          (F)  Length of probation or community control sentence imposed and amount of time that has been served on the sentence;

          (G)  Projected termination date for probation or community control; and

          (H)  Any revocation of probation or community control due to a violation, including whether the revocation is due to a technical violation of the conditions of supervision or a new violation of law.

     (e)  The criminal justice data sharing and research group members and their respective departments and agencies shall protect the information and data that may be shared as part of the group.  The protection of individually identifiable criminal justice data shall be an authorized purpose under section 92-5(a) for the criminal justice data sharing and research group to hold an executive meeting that is closed to the public pursuant to section 92-4.

     [(e)] (f)  The [gun violence and violent crimes commission] criminal justice data sharing and research group shall submit [a report of its findings and recommendations,] annual updates, including [any proposed legislation,] recommendations for any legislative or administrative action the group deems appropriate to address data sharing concerns or to enable the group to carry out its work, to the legislature no later than [forty] twenty days prior to the convening of the regular session of [2022] 2025 and each regular session thereafter[, on policy relating to preventing gun violence and violent crimes].

     (g)  The legislative reference bureau, upon request of the chairperson of the criminal justice data sharing and research group may draft proposed legislation for the group no later than October 1st of each year."

     SECTION 3.  Act 157, Session Laws of Hawaii 2023, is repealed.

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

     SECTION 5.  This Act shall take effect upon its approval.

 

 

Report Title:

Department of the Attorney General; Criminal Justice Data Sharing Groups; Consolidation

 

Description:

Establishes the Criminal Justice Data Sharing and Research Group to consolidate the efforts of the Criminal Justice Data Sharing Working Group and the Gun Violence and Violent Crimes Commission.  (SD1)

 

 

 

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