STAND. COM. REP. NO.  999

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 986

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Hawaiian Affairs and Public Safety & Military Affairs, to which was referred S.B. No. 986, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE CRIMINAL JUSTICE SYSTEM,"

beg leave to report as follows:

     The purpose of this bill is to promote fairness within the criminal justice system by establishing a task force to formulate policies and procedures to reduce the unnecessary involvement of individuals, particularly Native Hawaiians, with Hawaii's criminal justice system.

     The Office of Hawaiian Affairs, the American Civil Liberties Union of Hawaii, the Association of Hawaiian Civic Clubs, the Sovereign Councils of the Hawaiian Homelands Assembly, a member of the Maui County Council, and concerned individuals supported this bill.  The Community Alliance on Prisons supported the intent of this measure.  The Department of the Prosecuting Attorney of the City and County of Honolulu and Honolulu Police Department opposed this bill.  The Judiciary offered comments.

     After careful consideration, your Committees have amended this bill by:

     (1)  Removing the chief of one of the county police departments as a member of the task force;

     (2)  Adding as members of the task force:

          (A)  A criminologist; and

          (B)  A member of the general public;

     (3)  Allowing certain members of the task force to name designees to serve in their place on the task force;

     (4)  Removing appropriations from the bill;

     (5)  Changing its effective date to July 1, 2011; and

     (6)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Public Safety & Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 986, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 986, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Public Safety & Military Affairs,

____________________________ HENRY J.C. AQUINO, Chair

____________________________ FAYE HANOHANO, Chair