Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1003, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to allow probation and peace officers after arresting a defendant for a probation violation, to admit the probation violator to bail if the original offense committed by the defendant is for a misdemeanor or less.

Your Committee received testimony in support of this measure from the Judiciary.

Under current law, the authority to set bail for a defendant on probation who has been arrested for a probation violation for defendants arrested rests exclusively with the court. While law enforcement personnel may set bail for petty misdemeanor and misdemeanor offenses, they are not authorized to do the same for probation violators and must defer to the courts.

Your Committee finds that the ability to immediately arrest and set bail for petty misdemeanor and misdemeanor probationers will allow more efficient processing of probation violations. This measure allows immediate bail processing of probation violators by authorizing probation officers and peace officers to set bail where the maximum punishment for the original underlying offense does not exceed one year.

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 H.B. No. 1003, H.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.