STAND. COM. REP. NO. 1170

Honolulu, Hawaii

RE:    H.B. No. 1070

       H.D. 2

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 1070, H.D. 2, S.D. 1, 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 promote the efficient use of criminal justice resources by establishing a maximum one-year period of post-acquittal conditional release for persons charged with a petty misdemeanor, misdemeanor, or violation.

     Your Committee received comments in support of this measure from Loretta J. Fuddy, Director, Department of Health; and Louis Erteschik, Staff Attorney, Hawaii Disability Rights Center.

     Your Committee received comments in opposition to this measure from the Department of the Prosecuting Attorney, City and County of Honolulu.

     Your Committee finds that persons acquitted of criminal charges by reason of physical or mental disease, disorder, or defect may be subsequently released to the community on a post-acquittal conditional release after a court determines that the person can be adequately controlled and given proper care, supervision, and treatment.

However, there are many instances of individuals who remain on conditional release far in excess of the maximum penalty allowed for the offense charged.  According to the Department of Health, ninety per cent of persons on conditional release in Hawaii for a misdemeanor or petty misdemeanor are kept on conditional release longer than they would have spent on maximum jail time or on probation for the same offense, sometimes up to twenty times longer.  This results in an increased burden on both staff and financial resources at district courts, probation offices, mental health centers, and hospitals.  This measure establishes a specific time limit on the conditional release of individuals charged with lesser offenses, to increase the availability of resources for more serious offenders.

     Your Committee has amended this measure by changing the effective date to July 1, 2117, to encourage further discussion on the measure.

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

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair