STAND

STAND. COM. REP. NO. 2318

Honolulu, Hawaii

, 2006

RE: S.B. No. 1311

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1311 entitled:

"A BILL FOR AN ACT RELATING TO DISPOSITION OF CONVICTED DEFENDANTS,"

begs leave to report as follows:

The purpose of this measure is to authorize a three-year pilot project to assume supervision and control over inmates in correctional facilities that qualify for the track IV phase of a drug court program.

The Judiciary, A Woman's Voice International, Community Alliance on Prisons, and the Drug Policy Action Group submitted testimony in support of this measure. Two individuals also submitted testimony in support of this measure. The Department of Public Safety and the Office of the Public Defender submitted testimony in opposition to this measure. The Department of the Prosecuting Attorney of the City and County of Honolulu submitted comments on this measure.

Your Committee finds that the Judiciary's drug court program has been extremely successful in reducing the recidivism rate for drug offenders. The rehabilitation programs that prepare persons for life after incarceration are critical to the well-being of the community. Your Committee further finds that all judicial circuits can benefit by an expansion of the three-year drug court pilot project.

Your Committee amended this measure to:

(1) Delete any reference to a specific numerical track and instead refer to inmates eligible for this drug court program as "inmates in correctional facilities who qualify for a drug court program";

(2) Delete specific reference to "Maui" drug court and instead reference "drug court pilot project" to provide all of the adult drug courts within the State the opportunity of implementing the pilot project as an option; and

(3) Change the sunset date to June 30, 2009.

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. 1311, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1311, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair