STAND. COM. REP. NO. 2194

Honolulu, Hawaii

RE:    S.B. No. 2768

       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. 2768 entitled:

"A BILL FOR AN ACT RELATING TO PAROLE,"

begs leave to report as follows:

     The purpose of this measure is to allow the Hawaii Paroling Authority to use a continuum of administrative sanctions in lieu of re-incarceration when a parolee violates a term or condition of parole.

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

     This measure provides that in lieu of suspension and revocation of parole, the Hawaii Paroling Authority may utilize a continuum of administrative sanctions for violations of terms and conditions of parole.  The purpose of a continuum of administrative sanctions is to encourage the Hawaii paroling authority to work with offenders in the community rather than revoking parole for violations of terms and conditions of parole.

     As part of the continuum of administrative sanctions, if the Hawaii Paroling Authority deems it appropriate to return the parolee to custody for a violation of a term or condition of parole, the parolee must be returned to custody for a length of time to be determined by Hawaii Paroling Authority but not to exceed two years in the case of a technical violation.

     Your Committee has amended this measure on the recommendation of the Hawaii Paroling Authority by:

     (1)  Deleting reference to "suspension" of parole in the context of when a continuum of administrative sanctions may be imposed;

     (2)  Clarifying that as part of the continuum of administrative sanctions, if a parolee must be returned to custody, a technical violation of parole requires that the parolee be returned to custody for not more than two years before being eligible for parole consideration; and

     (3)  Adding prior parole revocation to the circumstances under which administrative sanctions shall not apply.

     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. 2768, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2768, 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