RES 273 Draft 01 2008-2010 - Laserfiche WebLink

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APPLICATION FOR BYRNE JUSTICE ASSISTANCE GRANT-RECOVERY PART II. DESCRIPTION OF PROJECT Note: This form does not provide spell check. A. THE PROBLEM Unavailable and untimely conviction or mental unfitness/acquittal information for penal summons complaint or non-arrest defendants who fail to comply with court orders to get booked. The Hawaii Criminal Justice Data Center (HCJDC) created by Chapter 846, HRS, is responsible for collection, storage, and dissemination of criminal justice history information. The common database provides current conviction information, deferred pleas, and mental unfitness or acquittals because of mental disorders or defects, offender status and supervision, including outstanding Temporary Restraining Orders. The system requires an "arrest" to link information among the criminal justice agencies. The Offender Base Tracking System ("OBTS") is based upon arrests. All the criminal justice stakeholders have long recognized the need for immediate and accurate "verified offender identification" and conviction or mental unfitness/acquittal information to make reasoned and informed decisions. There is a major problem statewide, and particulazly on the Big Island, for penal summons complaint and non-arrest case defendants, because until they aze "booked and arrested for identification processing," these cases aze not in HCJDC's database. Although the courts shall order the convicted offenders brought to court upon penal summons complaints or non-arrest complaints be ordered to report within seven days to police department, sheriff's office, or other governmental agency for identification processing, and failure to comply will constitute a criminal misdemeanor contempt, the prosecutor must make the request and the defendant must comply with the court orders to establish his criminal history in the shared database. Section 842(b), HRS. These cases "do not exist" for the non judiciary criminal justice agencies the State Criminal History Record Information system until there is "booking with an arrest for identification processing," after a court conviction or mental unfitness fording or "insanity" acquittal. Without the booking with an arrest for identification after conviction, the offender will not be treated as a convicted offender. This conviction information is unavailable to the criminal justice agencies generally, unless they check with the courts. 'The criminal justice agencies rely on OBTS histories to determine if enhanced chazges are appropriate; higher bail should be imposed, along with applicability of enhanced or mandatory penalties, including the Career Criminal Status; and prohibition to obtain certain firearm permits and establish employment disqualification for misdemeanor sexual offenders. Currently, the scale of the problem is not available because no agency monitors the defendants failing to appeaz for booking at the police station. Here is a sampling of one day's "batch" received by the Prosecutor's Office from the courts for "No Shows" for "failing to follow court orders for Penal Summons Booking arrests for identification: 13 defendants with misdemeanors (OVUII; Resisting Order to Stop; Negotiating a Worthless Instruments, 4 counts; Assaults; Criminal Property Damage; Abuse of Household Member; AG/CPJAD #Il(a) (Rev 03/3/2009) Page 1