STAND. COM. REP. NO. 907

Honolulu, Hawaii

RE:    H.B. No. 1070

       H.D. 2

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1070, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CONDITIONAL RELEASE TIMEFRAMES,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the law to establish a specific time frame for an order of post-acquittal conditional release when a defendant is charged with a petty misdemeanor, misdemeanor, or violation in order to more efficiently utilize resources for more serious offenders.  

     Your Committee received testimony in support of this measure from the Office of the Public Defender and the Hawaii Disability Rights Center.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu. 

     Your Committee finds that this measure sets a reasonable time frame in which to monitor a defendant who has already been determined to not be dangerous and ensures that limited resources will not be expended indefinitely on these types of cases when the resources could be better used for more serious felony offenders. 

     Your Committee has amended this measure by:

     (1)  Making the measure effective on July 1, 2011; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1070, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1070, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair