THE SENATE

S.C.R. NO.

89

TWENTY-THIRD LEGISLATURE, 2006

S.D. 1

STATE OF HAWAII

  
   

SENATE CONCURRENT

RESOLUTION

 

CONVENING A TASK FORCE TO EXAMINE THE ISSUE OF CHANGES TO THE HAWAII PENAL CODE FOR THE SENTENCING OF REPEAT OFFENDERS.

 

WHEREAS, during the 2006 Regular Session, the Attorney General requested the introduction of, as part of the Department of the Attorney General's 2006 legislative package, a measure which, in part, sought to expand the types of offenses subject to higher maximum terms for repeat offenders; and

WHEREAS, the measure also sought to change the method of calculating the period of eligibility of repeat offender sentencing; and

WHEREAS, the measure additionally sought to add twenty class B and class C felonies to the list of offenses for which deferred acceptance of plea (DAG or DANC) is not permitted; and

WHEREAS, the Senate Committee on Judiciary and Hawaiian Affairs determined that these proposed changes to the Hawaii Penal Code may have serious implications and that such significant changes required further in-depth review and examination; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the House of Representatives concurring, that a task force be convened to study and determine whether changes should be made to the sentencing requirements for repeat criminal offenders; and

BE IT FURTHER RESOLVED that the task force shall be comprised of the following members:

(1) The Attorney General, or the Attorney General's designee;

(2) The Director of Public Safety, or the Director's designee;

(3) The Director of the Hawaii Paroling Authority, or the Director's designee;

(4) One member from each county's prosecuting attorneys' office;

(5) An attorney from the Office of the Public Defender;

(6) A commissioner from each county's police department or their designee;

(7) One member from the Hawaii State Bar Association;

(8) One member from the Criminal Defense Bar;

(9) One member from the Hawaii State Judiciary;

(10) One member from the faculty of the University of Hawaii, Williams S. Richardson School of Law; and

(11) One member from the public appointed by the Governor;

and

BE IT FURTHER RESOLVED that the faculty member from the William S. Richardson School of Law shall serve as the chairperson and facilitator of the task force for organizational purposes; and

BE IT FURTHER RESOLVED that the task force's missions shall be to:

(1) Determine the initial question of whether section 706-606.5, Hawaii Revised Statutes, dealing with sentencing for repeat offenders, should be expanded to include additional offenses and if so, to determine which offenses should be included;

(2) Determine whether the calculation of time for determining the period of eligibility for repeat offender sentencing should be modified, and if so, how it should be modified;

(3) Determine whether additional types of class B and class C felonies should be added to the list of offenses for which a deferred acceptance of plea (DAG or DANC) is not permitted, and if so which offenses should be added; and

(4) Prepare proposed legislation;

and

BE IT FURTHER RESOLVED that this resolution does not require the task force to examine S.B. 2260, Hawaii's "three strike law"; and

BE IT FURTHER RESOLVED that the task force shall provide the Legislature with its report, including proposed legislation, at least twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General, the Director of Public Safety, the Director of the Hawaii Paroling Authority, each county's prosecuting attorneys' office, the Office of the Public Defender, the Commissioner of each county's police department, the President of the Hawaii State Bar Association, the Chief Justice of the Hawaii Supreme Court, the Dean of the William S. Richardson School of Law, and the Governor.

Report Title:

Repeat Offenders; Sentencing