STAND. COM. REP. NO. 210

Honolulu, Hawaii

RE:    S.B. No. 986

       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 Hawaiian Affairs, to which was referred S.B. No. 986 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to create a task force, administratively attached to the Office of Hawaiian Affairs, to lessen the instances of the people of Hawaii, especially Native Hawaiians, becoming entangled in the criminal justice system and to appropriate funds for the task force.  The intent of this measure is to formulate policies and procedures to eliminate the disparate treatment of all peoples in Hawaii's criminal justice system, with a particular focus on Native Hawaiians.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Association of Hawaiian Civic Clubs, American Civil Liberties Union of Hawai‘i, Community Alliance on Prisons, and three individuals.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and one individual.

     Your Committee finds that the report entitled "The Disparate Treatment of Native Hawaiians in the Criminal Justice System", notes that the number of Native Hawaiians in the criminal justice system accumulates at each stage from arrest through parole.  While Native Hawaiians are arrested at a comparable rate to other populations, they are more likely to be incarcerated, have longer sentences, or have their parole revoked.

     Your Committee further finds that actions to address the findings in the report are long overdue and looks forward to receiving the recommendations for cost-effective mechanisms, legislation, and policies to reduce or avoid unnecessary involvement with the criminal justice system.

     Your Committee has amended this measure by:

     (1)  Changing the effective date from upon approval to July 1, 2011, to reflect the date the fiscal year begins; 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 Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 986, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 986, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,

____________________________

BRICKWOOD GALUTERIA, Chair