Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 392 entitled:

begs leave to report as follows:

The purpose of this measure is to amend Act 161, 2002 Session Laws of Hawaii, to require the Judiciary to submit quarterly reports to the Legislature detailing the number of defendants receiving drug treatment as a condition of probation as well as the number of defendants whose probation is revoked for failure to complete a drug program.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney and the Community Alliance on Prisons. The Judiciary supports the measure with reservations.

Your Committee finds that Act 161 mandates that first-time nonviolent offenders convicted for a drug possession or use offense under part IV of chapter 712, be sentenced to probation and drug treatment if they have not been convicted of a prior violent felony within the last five years.

Your Committee further finds that data obtained on the program would assist the legislature and the community in evaluating the efficacy of the diversion.

Your Committee recognizes that the Judiciary may need additional resources to produce quarterly reports, and has requested that the Judiciary provide a cost breakdown of its needs.

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 S.B. No. 392 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.