STAND. COM. REP. NO. 2420

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2720
                                        S.D. 1




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

Sir:

     Your Committees on Health and Human Services and Education
and Technology, to which was referred S.B. No. 2720 entitled: 

     "A BILL FOR AN ACT RELATING TO SEX OFFENDERS,"

beg leave to report as follows:

     The purpose of this measure is to allow the Department of
Education (DOE) and organizations providing services to children
under the age of eighteen to access information on registered sex
offenders by phone call to the Hawaii Criminal Justice Data
Center (Center).

     Your Committees received testimony in support of this
measure from the DOE, Attorney General, and four private
individuals.

     This measure applies to applicants for paid and volunteer
positions.  Current law requires the DOE to have procedures for
obtaining verifiable information regarding the criminal history
of persons who are employed, seeking employment, or serving as
teacher trainees in any public school.  The DOE is required to
check with the Center.  Current law with regards to sex offender
registration information provides for public access by physically
going to the Center or to a designated police station.  This
measure is intended to facilitate and expedite access to that
information by authorizing a phone inquiry, particularly for
youth services organizations that may not have the ability to
visit a police station or the Center.


 
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     Your Committees find that this measure could avoid the
potentially tragic circumstance of hiring a sex offender to work
with children, as a result of ignorance of the background of the
sex offender.  This measure provides an added modicum of safety
and reassurance.

     The DOE testified "that it"... appreciates access to a quick
and convenient means of screening prospective employees and
volunteers who will be working closely with children to ensure
that they are not registered sex offenders.  Recent experience
has shown that the usual procedures can be unacceptably slow, and
yet the delay in placing new employees and volunteers can be
debilitating to programs."

     Your Committees request the Committee on Judiciary to:

     (1)  Explore including other offenses in this measure;

     (2)  Consider the DOE's personnel capacity to determine if
          it has the resources to carry out this measure; and

     (3)  Consider whether the checks would discourage persons
          from volunteering at the DOE.

     Your Committees have amended this measure by:

     (1)  Requiring the DOE to access the information for
          volunteers expected to work over five consecutive days,
          and for all employees and applicants for employment by
          the DOE; and

     (2)  Correcting a statutory reference.

     As affirmed by the records of votes of the members of your
Committees on Health and Human Services and Education and
Technology that are attached to this report, your Committees are
in accord with the intent and purpose of S.B. No. 2720, as
amended herein, and recommend that it pass Second Reading in the
form attached hereto as S.B. No. 2720, S.D. 1, and be referred to
the Committee on Judiciary.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Health and Human
                                   Services and Education and
                                   Technology,



____________________________       ______________________________
DAVID Y. IGE, Chair                SUZANNE CHUN OAKLAND, Chair

 
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