STAND. COM. REP. NO. 3375

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2648
                                        H.D. 2
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B.
No. 2648, H.D. 2, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO PROBATION,"

begs leave to report as follows:

     The purpose of this bill is to require the court, upon
sentencing a defendant to probation, to order the defendant to
pay a probation services fee.

     This bill also specifies the amount of these fees to be $150
when the term of probation is for more than one year, and $75
when the term is for one year or less, and provides that the
payment of the probation services fee is to have priority over
the payment of a fine.  In addition, the bill establishes the
probation services special fund to be used by the Judiciary to
monitor, enforce, and collect fees, fines, restitution, and other
monetary obligations owed by defendants, and other terms and
conditions of probation.

     Your Committee finds that this bill is necessary to help
defray the costs of administration of probation services.  Your
Committee notes that the probation offender population in the
State has increased by about ten per cent in the last five years,
yet the resources allocated to the program have been reduced in
conjunction with general budget reductions.  Probation officers

 
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are now required to provide more investigative and supervision
services, for more high-risk offenders, with fewer resources.

     Upon further consideration, your Committee has amended this
bill by:

     (1)  Deleting language that would have given payment of the
          probation services fee priority over the payment of a
          fine, and adding new language establishing the
          following order of priority of payments to be made by a
          defendant who is also ordered to pay a fine, make
          restitution, pay a crime victim compensation fee, or
          pay other fees in addition to the probation services
          fee:

          (A)  Restitution;

          (B)  Crime victim compensation fee;

          (C)  Probation services fee;

          (D)  Other fees; and

          (E)  Fines.

          Your Committee notes that this order of priority of
          payments was proposed by the Crime Victim Compensation
          Commission and has been approved by the Hawaii State
          Judiciary; and

     (2)  Renumbering sections 5 to 12 as 4 to 11, respectively,
          to correct a technical drafting error.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2648, H.D. 2, S.D. 1, as amended herein, and recommends that it
pass Third Reading in the form attached hereto as H.B. No. 2648,
H.D. 2, S.D. 2.


 
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                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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