STAND. COM. REP. NO. 1766

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.C.R. No. 35
                                        H.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.C.R.
No. 35, H.D. 1, entitled:

     "HOUSE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF PUBLIC
     SAFETY, THE HAWAII PAROLING AUTHORITY, AND THE JUDICIARY TO
     EXPLORE AND FUND ALTERNATIVES TO INCARCERATION FOR
     NONVIOLENT FEMALE OFFENDERS,"

begs leave to report as follows:

     The purpose of this measure is to urge the Department of
Public Safety, the Hawaii Paroling Authority, and the Judiciary
to explore and fund alternatives to incarceration for nonviolent
female offenders.

     In addition, this measure requests the Department of Public
Safety, the Hawaii Paroling Authority, and the Judiciary to
submit their respective findings and recommendations on
alternatives to incarceration for nonviolent female offenders to
the Legislature before the convening of the Regular Session of
2000.

     Your Committee received testimony in support of this measure
from the Judiciary, the Office of Hawaiian Affairs, the Hawaii
State Commission on the Status of Women, and the American Civil
Liberties Union of Hawaii.


 
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     Your Committee finds that the incarceration of nonviolent
offenders, who do not threaten public safety, is not in the
public interest and not for the public health, safety, and
general welfare of the State.  Rather, the incarceration of such
nonviolent offenders represents society's inability and
unwillingness to deal firmly but compassionately with people who
steal or prostitute themselves in order to feed a drug habit or
drinking problem.  The incarceration of nonviolent female
offenders is of special concern to your Committee since women in
Hawaii--for cultural, economic, and other reasons bear the
primary responsibility for and burden of holding their families
together during good times and bad.  It is time for
society--judges, the Hawaii Paroling Authority, and legislators
especially--to realize that there is more to meting out justice
than locking up offenders, especially such nonviolent offenders,
and throwing away the key.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee concurs with the intent and purpose of H.C.R. No. 35,
H.D. 1, and recommends its adoption.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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