Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 152, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to repeal the sunset date for, and thereby make permanent, the expedited sentencing program of the Family Court.

In removing the sunset date, this bill also prevents the possibility of the inadvertent repeal of important probation laws established in connection with the expedited sentencing program.

Your Committee finds that Act 316, Session Laws of Hawaii 1993, established the expedited sentencing program as a pilot project, to be repealed on June 30, 1995. Act 157, Session Laws of Hawaii 1995, extended the sunset date to June 30, 2001.

Your Committee notes that the purpose of the expedited sentencing program is to allow for the expeditious removal of the offender, in cases of intra-family felony sexual assault or incest, from the family home, thereby allowing the child to remain in the home. Your Committee finds that the program applies only to those offenders found to be "safe to probate" and minimizes the possibility of revictimizing the child by eliminating the need to testify and requiring treatment and supervision of all members of the child's family. Your Committee further finds that the program has been effective and beneficial to the families concerned.

Your Committee has amended this bill by changing the effective date to June 29, 2001, to avoid the contingency that this bill could take effect after June 30, 2001, which is the date Act 316, Session Laws of Hawaii 1993, is set to be repealed. Your Committee has also made a technical amendment for purposes of clarity.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 152, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 152, H.D. 1, S.D. 2.