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 S.B. No. 1456 entitled:

begs leave to report as follows:

The purpose of this measure is to allow law enforcement personnel to set bail for persons on probation for a petty misdemeanor or misdemeanor who are arrested for probation violation.

The Judiciary testified in support of this measure. The Office of the Public Defender testified in opposition to the measure.

Currently, only the court, and not law enforcement, is authorized to set bail for a probationer who has been arrested for a probation violation. This restriction applies, even if the offense for which probation was imposed is a petty misdemeanor or misdemeanor, and despite the fact that law enforcement personnel may set bail for petty misdemeanor and misdemeanor offenses other than those involving probation violations.

Your Committee finds that the ability to immediately arrest and set bail for petty misdemeanor and misdemeanor probationers will allow law enforcement personnel to respond more swiftly and efficiently when probation violations come to their attention, particularly those involving violations of geographic restrictions by probationers convicted of prostitution and "Weed and Seed" offenses. This measure enables law enforcement personnel to arrest and process probation violators immediately by authorizing probation officers and peace officers to set bail for a probationer violating a term of probation, where the maximum punishment for the 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 S.B. No. 1456 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.