Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1004, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to repeal the interstate parole and probation compact.

Prior to holding a public hearing on this measure, a proposed S.D. 1 was prepared and made available for public review. The proposed S.D.1 amends Act 161, Session Laws of Hawaii 2002 (Act 161), by allowing convictions prior to Act 161 to be re-sentenced, allowing other convictions associated with the drug offense to be expunged, and allowing expungement of the conviction of the drug offense.

Testimony in support of this measure was submitted by the Office of the Public Defender, Adult Friends for Youth, American Civil Liberties Union of Hawai'i, Community Alliance on Prisons, and two individuals. Testimony in opposition to this measure was submitted by the Department of the Attorney General and the Department of the Prosecuting Attorney for the City and County of Honolulu. Comments were submitted by the Judiciary.

Your Committee finds that some people make a mistake and are convicted for a one-time drug offense. If that conviction occurred prior to the enactment of Act 161, that person would be unable to expunge the first-time drug offense record even if he or she has turned his or her life around and become a productive citizen.

Your Committee further notes that there is a compounded problem for immigrants who make that same mistake. Not only are they not allowed to expunge their record, but that one drug conviction subjects them to removal proceedings and mandatory detention without bond until they are deported, even if the conviction was from ten to fifteen years ago.

Your Committee finds that this measure allows convictions prior to Act 161 to be re-sentenced and expunged along with other convictions associated with the drug offense.

Your Committee adopted the amendments in the proposed S.D. 1, and extended the repeal date of this measure to December 31, 2006.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1004, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1004, H.D. 1, S.D. 1.