Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 710 entitled:

begs leave to report as follows:

The purpose of this bill is to exclude the Hawaii Paroling Authority's decisions from appeal under Chapter 91, Hawaii Revised Statutes, and to allow a prisoner's minimum term to be equal to or less than the maximum term of imprisonment.

Your Committee received testimony in support of this measure from the Hawaii Paroling Authority, the Department of Public Safety, the Prosecutor of the City and County of Honolulu, and the Honolulu Police Department. Your Committee received testimony in opposition to this measure from the Office of the Public Defender, the Native Hawaiian Legal Corporation, and a concerned citizen.

Your Committee acknowledges that the Hawaii Paroling Authority has been given wide discretion concerning decisions regarding the release of inmates, and this measure seeks to strengthen that discretion. Your Committee further notes that in the past the courts have ruled that disciplinary actions within the correctional facilities are not subject to Chapter 91, Hawaii Revised Statutes. However, since some members voiced concerns, your Committee respectfully requests that the Committee on Judiciary and Hawaiian Affairs closely scrutinize the implications of this bill with respect to the unresolved State v. Williamson case and, more generally, the possible impact of this measure upon the right of due process.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 710 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.