STAND. COM. REP. NO. 1749

Honolulu, Hawaii

RE:    S.R. No. 114

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.R. No. 114 entitled:

"SENATE RESOLUTION REQUESTING THE JUDICIARY TO MONITOR THE COLLECTION OF CRIME VICTIM COMPENSATION FEES,"

begs leave to report as follows:

     The purpose of this measure is to require the Judiciary to provide a report to the 2008 Legislature detailing the Judiciary's progress in meeting the requirements of Act 206, Session Laws of Hawaii 1998, which provides that judges assess a mandatory crime victim compensation fee against all convicted criminal offenders who have the ability, now or in the future, to pay the fee.

     The resolution requires that the Judiciary provide the following information in the report:

     (1)  The actual and estimated fees collected for each fiscal

          year;

     (2)  The total number of eligible cases where the fee was

          ordered, collected, or waived; and,

     (3)  The criteria used by the judges where the fee was              waived.

     Your Committee finds that since the enactment of the law in 2003, the Judiciary has neglected to order or collect in excess of $1,000,000.  Your Committee also finds that though inmates were able to afford to pay these fees, the judges did not order payments.  This is shown by the inmates paying $500,000 in restitution yet only paying $40,000 in crime victim fees.  Your Committee further finds that the Chief Justice has written a memorandum to the chief judges asking them for their diligence in following the law.

     Your Committee received testimony in support of the resolution from the Crime Victim Compensation Commission, the Honolulu Prosecuting Attorney's Office, and the Judiciary.  

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 114 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair