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. 704 entitled:

begs leave to report as follows:

The purpose of this measure is to make permanent the law repealing the cap on the use of the crime victim compensation special fund (fund) for operating expenses and salaries and expanding use for collection of fees.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, Crime Victims Compensation Commission, and Sex Abuse Treatment Center.

This measure deletes the repeal of 1999 amendments to section 4 of Act 278, Session Laws of Hawaii (SLH) 1999, which temporarily repealed the requirement that not more than thirty per cent of funds deposited into the fund be used for operating expenses and salaries. The Act also authorized use of funds for collection of fees. This provision is to be repealed on July 1, 2001. This measure deletes the repeal date, thereby making permanent the repeal of the restriction.

The fund was previously known as the criminal injuries compensation fund. It is funded by proceeds from the five to twenty per cent of inmate wages under the prison industries program, lawsuits brought by the crime victims compensation commission for damages against the offender, compensation fees assessed by the court against the defendant, and court ordered restitution. Testimony of the Crime Victim Compensation Commission indicates that reinstituting the thirty per cent cap will reduce staffing by at least fifty per cent, which would limit its ability to properly administer compensation awards.

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. 704 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.