STAND. COM. REP. NO.  273-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 2515

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Public Safety & Military Affairs, to which was referred H.B. No. 2515 entitled:

"A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

The purpose of this measure is to help strengthen the State's public safety and corrections system by:

     (1)  Permitting a sentence of probation for certain second-time drug offenders;

     (2)  Permitting a three-year probation term for individuals convicted for class B and class C felonies that are not sexual or child abuse offenses;

     (3)  Establishing a provision for incentive time credit for probationers following certain specified criteria; and

     (4)  Increasing the threshold valuation for theft in the second degree to more than $750 from more than $300.

The Governor, Department of Public Safety, Office of the Public Defender, Community Alliance on Prisons, The Drug Policy Forum of Hawaii, Hawaii Substance Abuse Coalition, and a concerned individual supported this measure.  The Crime Victim Compensation Commission supported this measure with amendments.  The Judiciary, Department of the Prosecuting Attorney of the City and County of Honolulu, Council of State Governments Justice Center, and American Civil Liberties Union of Hawaii provided comments.

     Your Committee notes that the increase in the threshold for property and services value for theft in the second degree may raise concerns among business owners and therefore respectfully requests the Committee on Judiciary to consider the potential impact of this increase on the business community should this measure move forward.

     Your Committee has amended this measure by:

     (1)  Excluding individuals convicted of class B or class C felonies related to criminal homicide, offenses against the family and against incompetents, and prostitution offenses from those eligible to receive a reduced, three-year term of probation;

     (2)  Removing the earned time credit for probationers; and

     (3)  Making technical, nonsubstative amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2515, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2515, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety & Military Affairs,

____________________________

HENRY J.C. AQUINO, Chair