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. 1511 entitled:

begs leave to report as follows:

The purpose of this measure is to standardize the system of calculating presentence credit.

Testimony in support of this measure was submitted by the Department of the Prosecuting Attorney.

Your Committee finds that the current law does not specifically provide for calculation for presentence credit for detention as applied to consecutive terms of imprisonment. Currently, presentence credit is calculated by deducting the presentence detention period from the sentence for each offense before the sentences are aggregated, rather than first aggregating the terms of imprisonment for each offense and then deducting the period of presentence detention. Thus, in cases involving consecutive terms of imprisonment, credit is deducted from each term, resulting in less time served the more convictions a defendant has. Your Committee believes that this measure is necessary to ensure that the period of pretrial detention be credited only once.

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. 1511 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.