Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1000, H.D. 1, S.D. 2, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to provide the necessary appropriations and authorizations for the operation of and capital improvements for the Judiciary for fiscal biennium 2001-2003.

Your Committee on Conference has carefully reviewed and analyzed the funding adjustments requested by the Judiciary and has amended the Judiciary budget accordingly.

Your Committee on Conference has increased the Judiciary budget by $6,952,711 in general funds for fiscal year 2001-2002, and by an additional $161,068 for fiscal year 2002-2003. Most of this general fund increase is attributable to collective bargaining costs, previously authorized by Act 60, Session Laws of Hawaii 1999, at the level of $5,093,874. The growth for programs and services is $1,858,837 for fiscal year 2001-2002 and an additional $161,068 in fiscal year 2002-2003.

Your Committee on Conference concentrated on four major areas for enhancement: expanding Drug Court; creating an alternative to incarceration; enhancing security for the rural courts; and improving court operations systemwide.

Drug Court is an innovative and successful program whose objective is to curtail the "revolving-door" effect of repeat drug offenders. Using the "carrot and stick" method, the Court provides nonviolent drug offenders the option of extensive substance abuse treatment programs or incarceration. Your Committee on Conference has appropriated $1,541,310 for fiscal year 2001-2002 and $1,930,706 for fiscal year 2002-2003 for this initiative. These appropriations will allow the Judiciary to expand the Drug Court Program to every Circuit. Your Committee on Conference believes the Drug Court will provide major savings in the future by breaking the cycle of substance abuse and criminal behavior thus reducing overcrowding in the state prison system and increasing the welfare and safety of the public.

Probation is a useful tool in providing an alternative to incarceration. Currently 1,200 inmates are being housed out of state and overcrowding in our prison system is a serious problem that must be addressed. The prison system has exceeded maximum capacity and threats of another Consent Decree are looming. Your Committee on Conference has provided for a major increase to the Judiciary's probation staff with an additional eight positions and $697,774 for fiscal year 2001-2002 and $703,723 for fiscal year 2002-2003. Your Committee on Conference has also appropriated an additional $202,390 for fiscal year 2001-2002 and $173,540 for fiscal year 2002-2003 for Family Court probation staff in Hilo and Kona.

The safety of the public and courtroom personnel is a top priority for your Committee on Conference. With this in mind, your Committee on Conference has provided $172,615 for fiscal year 2001-2002 and $77,766 for fiscal year 2002-2003 for additional security contracts and equipment for the Ewa, Wahiawa, Waianae, and new Kaneohe Courts.

To improve the District Court operations, your Committee on Conference has provided $1,123,460 to improve the operations of the Judiciary over the fiscal biennium by appropriating:

Your Committee on Conference finds that many people are confused about the legal system and have difficulty maneuvering through the Judiciary’s courts. To help alleviate this situation, your Committee on Conference has appropriated an additional $211,980 in general fund expenditures over the biennium for the Ho’okele Court Navigation Project, to aid court visitors in the District and Circuit Courts of Honolulu. Your Committee on Conference finds these Court Concierge stations will provide excellent service in aiding the public to negotiate the Hawaii legal system.

The Hawaii State Law Library provides a legal repository for the courts, attorneys, and the public. As such, it is necessary for the Law Library to maintain a large collection of subscriptions to various legal treatises and continuances from across the country. In recent years, the costs of these dues and subscriptions have far outpaced the rate of inflation and the Law Library now finds itself in need of additional funding to maintain their current level of service. To aid the Library, your Committee on Conference has appropriated an additional $168,261 for the Hawaii State Law Library. However, your Committee on Conference also believes that the Law Library should be able to sustain itself with a minimal level of general fund appropriations. Your Committee on Conference feels that this increased level of general fund expenditure for fiscal year 2001-2002 will provide the Law Library with sufficient time to find new opportunities to achieve a level of self-sufficiency.

In addition, your Committee on Conference has converted the Administrative Driver’s License Revocation Office from a pilot project to a permanent office.

In the area of capital improvements, your Committee on Conference has appropriated $23,027,000 over the fiscal biennium for the construction of new facilities and renovations to existing ones. Of this amount, your Committee on Conference has provided $15,425,000 for the development of new facilities on Kauai and Hawaii.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1000, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1000, H.D. 1, S.D. 2, C.D. 1.