STAND. COM. REP. NO. 2439

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2069
                                        S.D. 1




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

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2069 entitled: 

     "A BILL FOR AN ACT RELATING TO PROBATION,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to provide that probation officers may notify the victim or a
member of the victim's immediate family when a defendant, who is
on probation for an offense related to domestic violence,
violates any term or condition of probation or when the probation
officer has any information that relates to the safety and
welfare of the victim.

     Your Committee notes that the Domestic Violence Working
Group, established by House Concurrent Resolution 65, H.D. 1,
1999, reported that current practices of probation officers are
inconsistent regarding whether information about a convicted
domestic violence offender may be released to the victim.  This
inconsistency is apparently the result of widely different
interpretations of how much discretion probation officers have in
releasing information to victims.

     Your Committee believes that probation officers need to have
the authority to share information with victims, when the
probation officers believe that such information may jeopardize
the victim's safety.  All too many of our serious domestic
violence offenders are or were on probation at the time of their
offense.  The stakes in these cases clearly dictate that

 
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probation officers who have information that affects victim
safety should be able to share it.

     While your Committee recognizes the need for victims to be
aware of conditions that may affect their safety and welfare,
your Committee recognizes that this right must be balanced with
a probationer's right to keep certain private information
confidential.

     Testimony in support of this measure was submitted by the
Hawaii State Commission on the Status of Women, the Department of
the Prosecuting Attorney of the City and County of Honolulu, the
Domestic Violence Clearinghouse and Legal Hotline, the Hawaii
State Coalition Against Domestic Violence, Child and Family
Service, and Hawaii Family Forum.  The Judiciary and the Office
of Information Practices submitted comments on this bill.

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

     (1)  Clarifying that notice from a probation officer is
          permitted when the defendant has violated a term or
          condition of probation that poses a threat to the
          safety and welfare of the victim and the probation
          officer has reason to believe that the victim is in
          jeopardy;

     (2)  Adding victim advocate to the list of persons to whom
          notice may be given; and

     (3)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2069, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 2069, S.D. 1, and
be placed on the calendar for Third Reading.


 
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                                   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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