Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 57 entitled:

begs leave to report as follows:

The purpose of this measure is to establish the expedited sentencing program for intrafamilial sexual assault cases on a permanent basis.

Testimony in support of the measure was received from the Judiciary, Department of Public Safety, Office of the Public Defender, Hawaii County Prosecuting Attorney, Hawaii County Corporation Counsel, Hawaii County Victim Assistance Program, Catholic Charities Family Services, Hawaii State Foster Parents Association, Hawaii Children's Justice Task Force, and three individuals.

The expedited sentencing program for intrafamilial sexual assault provides for the speedy and appropriate disposition of intrafamilial sex assault cases, thereby facilitating the healing process for child sex assault victims. Expedited sentencing minimizes the adverse impacts of criminal prosecution upon a traumatized child victim by requiring the defendant to admit to and accept responsibility for the crime, allowing the child to remain in the home rather than be placed in foster care, and eliminating the need for the child to testify in court against the defendant. Stringent criteria for acceptance of offenders into the program and strict probationary supervision of offenders that includes mandatory treatment address community safety concerns.

Your Committee finds that the expedited sentencing program has succeeded in coordinating the civil and criminal processes for intrafamilial sex assault victims, reducing the number of trials in the family and criminal courts, and increasing the number of intrafamilial sex assault convictions. Therefore, your Committee further finds that the program deserves to be established on a permanent basis.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 57 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.