STAND. COM. REP. NO. 1344

Honolulu, Hawaii

RE:    H.B. No. 1101

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 1101, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INVESTIGATORS OF THE DEPARTMENT OF HUMAN SERVICES,"

begs leave to report as follows:

     The purpose of this measure is to ensure that investigators appointed and commissioned by the Director of Human Services have access to all information necessary to investigate incidents at the Hawaii Youth Correctional Facilities.

     Your Committee finds that for the State to comply with the Memorandum of Agreement between the State and the United States Department of Justice concerning conditions at the Hawaii Youth Correctional Facilities, the State must initiate investigation of incidents of use of force, staff-on-youth violence, serious youth-on-youth violence, inappropriate staff relationships with youth, sexual misconduct between youth, and abusive institutional practices at the Hawaii Youth Correctional Facilities.  Although the Director of Human Services has broad authority to appoint and commission investigators who are authorized to access information maintained by any state or county entity, the existing statute does not state specifically that Department-appointed investigators have the authority to access information necessary to investigate incidents at the Hawaii Youth Correctional Facilities.

     This measure clarifies the situation and accordingly, will assist the State in meeting its commitments under the Memorandum of Agreement to improve conditions at the Hawaii Youth Correctional Facilities.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1101, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair