STAND. COM. REP. NO. 2554

Honolulu, Hawaii

RE:    S.B. No. 2726

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 2726, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TIME FRAMES TO REGAIN FITNESS TO PROCEED,"

begs leave to report as follows:

     The purpose of this measure is to amend the law governing the time frames for fitness restoration for persons charged with non‑violent petty misdemeanors and non-violent misdemeanors.

     Specifically, this measure establishes:

     (1)  A sixty day maximum commitment if the defendant is charged with a non-violent petty misdemeanor;

     (2)  A one hundred twenty day maximum commitment if the defendant is charged with a non-violent misdemeanor; and

     (3)  Procedures for release and dismissal of charges or involuntary civil commitment, as appropriate.

     Your Committee finds that the existing requirement in section 704‑406, Hawaii Revised Statutes, that pretrial defendants receive their fitness determination "within a reasonable time" is vague.  Your Committee also finds that this measure provides specific timelines on hospitalization for fitness restoration, thereby allowing everyone involved in the criminal process to proceed on an appropriate timetable.

     Your Committee has made technical, nonsubstantive stylistic changes for purposes of clarity and consistency.

     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 S.B. No. 2726, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2726, S.D. 2.

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

____________________________

BRIAN T. TANIGUCHI, Chair