STAND. COM. REP. NO. 2147

Honolulu, Hawaii

RE:    S.B. No. 2534

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 2534 entitled:

"A BILL FOR AN ACT RELATING TO BAIL,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require a law enforcement agency having custody of an accused person to accept cash bail and bail bonds when the court with jurisdiction is closed, including nights, weekends, and holidays; and

     (2)  Define "law enforcement agency", for the foregoing purposes, to include the county police departments, the Department of the Attorney General, and the Department of Public Safety.

     Your Committee received testimony in support of this measure from one government entity and four bond agents.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that the payment of cash bail or bail bonds is presently accepted only by the courts during business hours Monday to Friday excluding weekends and holidays.  Your Committee has been informed that the practice many years ago was for any corrections facility or police facility holding the accused to accept and promptly release the accused at any time any day of the week.  The practical effect of current practice is that an accused who can afford to pay the bail or bond may be held in custody for a minor offense from Friday afternoon to the following Monday morning, or Tuesday morning in case of a Monday holiday.  Your Committee is concerned that a constitutional issue may be raised in holding an accused for an unnecessary length of time notwithstanding the ability to pose bail or bond.

     Your Committee further finds that the costs per day of incarcerating a person can be minimized by avoiding unnecessary delays in the prompt release of a person who is legally entitled to be released.

     Your Committee has amended this measure to establish a bail bond filing fee to defray the expenses of processing the posting of the bail bond.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2534, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2534, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

____________________________

WILL ESPERO, Chair