STAND. COM. REP. NO.  1197

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 986

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 986, S.D. 2, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this bill is to address issues of disproportionate representation and equity within the criminal justice system by establishing a task force to study and formulate policies and procedures to reduce the unnecessary involvement of individuals, particularly Native Hawaiians, with the system.

     The Office of Hawaiian Affairs, Community Alliance on Prisons, American Civil Liberties Union of Hawaii, Association of Hawaiian Civic Clubs, Sovereign Councils of the Hawaiian Homelands Assembly, Aha Kiole Advisory Committee, and a concerned individual supported this bill.  The Department of the Prosecuting Attorney of the City and County of Honolulu supported this measure with amendments.  The Judiciary provided comments.

     Your Committee has amended this bill by:

     (1)  Focusing the Task Force on disproportionate impact, rather than disparate treatment;

     (2)  Removing language requiring consideration of and recommendations on specific strategies;

     (3)  Replacing the community member on the Task Force with a representative from the Department of the Prosecuting Attorney of the City and County of Honolulu; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 986, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 986, S.D. 2, H.D. 2.

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

____________________________

GILBERT KEITH-AGARAN, Chair