STAND. COM. REP. NO. 216-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2648
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 2648 entitled: 

     "A BILL FOR AN ACT RELATING TO PROBATION,"

begs leave to report as follows:

     The purpose of this bill is to:

     1.   Allow the courts to assess a probation service free
          upon defendants who are sentenced to probation,
          deferred acceptance of guilty plea, or deferred no
          contest plea; and

     2.   Establish a probation service special fund.

     The Judiciary and the Department of the Prosecuting Attorney
for the County of Honolulu testified in favor of the measure.
The Office of the Public Defender testified against the measure.

     Your Committee finds allowing a "user fee" to be imposed
upon defendants granted probation and deferral of pleas would
help defray the cost of monitoring and supervising such
defendants.

     Your Committee amended this bill by:

     1.   Making the imposition of the probation service fee
          discretionary with the courts; and


 
 
                                 STAND. COM. REP. NO.  216-00
                                 Page 2

 
     2.   Making the payment of the probation service fee have
          priority only over fines.


     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 2648, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
2648, H.D. 1, and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair