Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.C.R. No. 109 entitled:

begs leave to report as follows:

The purpose of this measure is to request the Judiciary to report to the Legislature on its progress in meeting the requirements of Act 206, Session Laws of Hawaii 1998 on collection of crime victim compensation fees.

Specifically, the report is to address actual versus estimated compensation fee collections and the method of estimation, the number of eligible cases in which the fee was ordered, the number of eligible cases in which the fee was collected, the number of cases that were waived, and the basis for the waiver.

The Crime Victim Compensation Commission was established in 1967 to provide compensation to Hawaii's crime victims who experience financial hardship in paying for medical, mental health, funeral, and other expenses related to the crime. In 1998, the Legislature passed Act 206 to establish a mandatory crime victim compensation fee, to be assessed by the judge on each criminal who has the ability to pay. Prior to Act 206, the Commission was funded through legislative appropriations.

Your Committee finds that a discrepancy exists between the maximum amount that could be collected for the Commission, and the amount actually ordered to be paid by the judges. In 2001, there was a difference of about $318,569, or one-third of the maximum amount. Some of this discrepancy can be accounted for through statutory exclusions, but the Commission's survey has also discovered cases where the judge simply did not order the defendant to pay, or where a waiver was granted without evidence of inability to pay. Your Committee finds that failure to collect the fee in all eligible and unexcused cases jeopardizes the ability of the fund to carry out its purpose. The study requested by this resolution will help the Legislature determine the state of compliance with Act 206.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 109 and recommends its adoption.