STAND. COM. REP. NO. 643-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2320
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2320 entitled:
"A BILL FOR AN ACT RELATING TO VICTIM RESTITUTION,"
begs leave to report as follows:
The purpose of the bill is to:
(1) Remove judicial discretion to mandate that defendants make restitution to victims;
(2) Provide that a defendant's financial ability to make restitution payments may be considered only in connection with establishing a restitution payment schedule; and
(3) Require payment of restitution as a precondition for release on parole without regard to ability to fulfill payment.
The Office of the Prosecuting Attorney of the County of Kauai, Victim/Witness Assistance Division of the Department of the Prosecuting Attorney of the County of Maui, Victim Assistance Program of the Office of the Prosecuting Attorney of the County of Hawaii, Sex Abuse Treatment Center, and Mothers Against Drunk Drivers submitted testimony in support of this measure. The Crime Victim Compensation Commission and Department of the Prosecuting Attorney of the City and County of Honolulu supported this measure with amendments. The Office of the Public Defender opposed this measure. The Judiciary and the Department of the Attorney General offered comments.
Your Committee finds that:
(1) Whether or not courts order defendants to make restitution should not depend on the ability to pay;
(2) Ability to make restitution should affect only the manner by which it will be accomplished, if at all; and
(3) Inability to accomplish restitution should not be a barrier to releasing an imprisoned person on parole.
Your Committee has amended this bill by:
(1) Deleting the reference to require payment of restitution as a precondition for release on parole without regard to ability to fulfill payment; and
(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.
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 H.B. No. 2320, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2320, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |