ENHANCING PUBLIC SAFETY

Protecting Hawaii’s citizens is a priority for the Lingle-Aiona Administration.  Along with ensuring that our children are safe and protected, our 2008 initiatives will help preserve the integrity of our justice system and enhance the ability of offenders to reenter the community after being incarcerated.

Protecting Our Children

Whether on the internet or in our neighborhoods, sexual predators are finding new ways to target our children.  As a result, the Lingle-Aiona Administration is proposing a bill that will increase our children’s safety by addressing the dangers of predators on the internet and in our neighborhoods. 

This initiative makes it illegal to use the internet to seek out or lure children for sexual purposes.  It also makes it a felony to intentionally expose oneself or perform lewd sexual acts online if the perpetrator knows a child is the viewer.  Moreover, in order to make sure that our children are protected from sex offenders in our neighborhoods, this bill requires offender registration for all classes of sex offenders.  Offenders are required to report to the chief of police annually with updated information on their name or alias, home and work addresses, vehicle licenses, email addresses, etc.  The public can then request information about sex offenders in their neighborhoods through the Department of the Attorney General or the Hawaii Criminal Justice Data Center website.

The bill also stops sex offenders from being eligible for early parole by setting forth mandatory minimum term requirements for offenses such as electronic enticement up to sexual assault of children.  Depending on the number of felony convictions a sex offender already had and the nature of the crimes, sentences can automatically range from one year and eight months to thirty years imprisonment.

Preserving the Truth

Currently, when a victim or witness testifies, the individual’s credibility can be questioned if they have previously been convicted for making false statements.  However, unlike in federal courts, prosecutors in Hawaii cannot question the credibility of defendants in criminal cases based on prior convictions for making false statements.  As a result, the Administration is proposing a constitutional amendment that will allow defendants’ credibility to be considered the same way victims’ and witnesses’ credibility is considered.  This bill will preserve the integrity of our criminal justice system by presenting a more complete picture of defendants and their track records, as well as instill more fairness in our judicial system.

Enhancing Offender Reentry

During the 2007 legislative session, Act 8 was passed requiring the establishment of an offender reentry system that addressed perceived issues associated with the transition of incarcerated persons back into the community.  The Lingle-Aiona Administration is proposing a bill to enhance the types of programs and services required by Act 8 so that appropriate State agencies can help offenders make their transition back into society. 

The bill clarifies the role of relevant State agencies such as the Department of Public Safety, the Department of Human Services, the Department of Health, the Hawaii Public Housing Authority, and the Hawaii Paroling Authority, who are involved in helping inmates to address housing needs and reconnect with family.  The bill also clarifies the role of the Department of Labor and Industrial Relations, the community colleges, and the trade unions in helping inmates to further their education and overcome barriers to employment.

The bill also ensures that Act 8 requirements, such as returning out-of-state prisoners, will not cause prisoners to be released early.  The Administration’s proposal stipulates that out-of-state prisoners should only be returned to Hawaii when it is practical and financially feasible.  Efforts to relief overcrowding must take place before out-of-state prisoners can return; and proper consideration for the safety of other inmates, the correction staff, and the public must also be made. 

Moreover, the bill also removes provisions from Act 8 that compromise the security of our correctional facilities.  As an example, Act 8 allows ex-offenders who have reentered the community to continue contact by video conference with prisoners who they claim are mentors who remain incarcerated.  This could allow criminal activity to continue under the guise of mentorship. 

The Administration also proposes to repeal unnecessary provisions, such as the Offender Reentry Legislative Oversight Committee.  Since the Legislature already has the authority to request and subpoena any information it desires and receives numerous reports from the Department of Public Safety, the oversight committee is redundant and will use up valuable State resources.

In proposing the above changes, the Lingle-Aiona Administration recognizes the need for an offender reentry system that will serve inmates’ needs, but it also recognizes the need for a plan that soundly meets public safety standards and stays within the State’s fiscal obligations.