STAND. COM. REP. NO. 651________

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 905
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to
which was referred H.B. No. 905 entitled: 

     "A BILL FOR AN ACT DEPORTATION OF PRISONERS,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Require the Hawaii Paroling Authority to expeditiously
          proceed with the deportation of prisoners in accordance
          with the Illegal Immigration Reform and Immigrant
          Responsibility Act of 1996; and

     (2)  Specify that parole will not be granted to a prisoner
          unless the Hawaii Paroling Authority acts by a majority
          of all its members.

     The Department of Public Safety submitted testimony in
support of this measure.  The Hawaii Paroling Authority and the
Hawaii Parole Board verbally testified in support of the intent
of this measure with reservations.  The Office of the Public
Defender verbally testified in support with a suggested technical
amendment.

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


 
 
 
 
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     (1)  Clarifying that a prisoner ready to be deported should
          not have any impending appeal in the 9th Circuit Court;
          and

     (2)  Specifying that if a prisoner with a pending appeal in
          the 9th Circuit Court is ready to be deported, then the
          prisoner will be taken into custody by federal
          authorities to be incarcerated in a federal
          correctional facility.

     Your Committee finds that any effort to address the State's
critical prison overpopulation issue is worthwhile and
beneficial.  Your Committee further finds that there is a
significant number of sentenced inmates within the State's
correctional facilities that are eligible for deportation by the
United States Immigration and Naturalization Service.  This
measure will:

     (1)  Expedite the deportation process by which convicted
          immigrants are transferred from state to federal
          custody; and

     (2)  Alleviate current prison overpopulation problem.

     As affirmed by the record of votes of the members of your
Committee on Public Safety and Military Affairs that is attached
to this report, your Committee is in accord with the intent and
purpose of H.B. No. 905, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
905, H.D. 1, and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Public Safety and
                                   Military Affairs,



                                   ______________________________
                                   NESTOR R. GARCIA, Chair