STAND. COM. REP. NO. 2342

Honolulu, Hawaii

RE:    S.B. No. 2081

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Public Safety, to which was referred S.B. No. 2081 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII PENAL CODE,"

begs leave to report as follows:

     The purpose of this measure is to establish certain procedures that require the Governor to follow before granting a pardon for a crime.

     Specifically, the measure requires:

     (1)  The governor to refer all pardon applications to:

          (A)  The Hawaii Paroling Authority if the pardon applicant has been incarcerated for the crime for which the pardon is being sought; or

          (B)  The Judiciary if the pardon applicant was placed on probation for the crime for which the pardon is being sought;

     (2)  The Paroling Authority and the Judiciary, as the case may be, to furnish all information on the pardon applicant and make a recommendation to the Governor as to granting or refusing the pardon;

     (3)  That the Governor receive the information from the Paroling Authority or the Judiciary prior to granting any pardon; and

     (4)  That the Governor give thirty days public notice of the pardon and the reasons therefor prior to granting the pardon.

     Testimony in support of this measure was submitted by five individual citizens.  Testimony in opposition of this measure was submitted by the Office of the Governor, the Department of Public Safety, the Hawaii Paroling Authority, and the Attorney General.

     Your Committee finds that requiring the Governor to give a minimum of thirty days public notice prior to issuing any pardon is good public policy.  A thirty day notice affords the public the opportunity to share their concerns regarding the safety of the public, as it may pertain to the person being pardoned.

     Accordingly, your Committee has amended this measure by removing the repealed language in section 2.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2081, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2081, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

____________________________

WILL ESPERO, Chair