STAND. COM. REP. NO.  1273-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2248

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2248, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

The purpose of this measure is to ensure that seriously ill or disabled prisoners who pose a low risk to public safety are no longer punished through imprisonment by improving procedures for the medical release program.  

The Office of Hawaiian Affairs, American Civil Liberties Union, Community Alliance on Prisons, and numerous individuals testified in support of this measure.  The Hawaii Paroling Authority and one individual testified in support with amendments. The Department of Public Safety testified in opposition to this measure.

     Your Committee has amended this measure by:

     (1)  Specifying that the medical release hearing is administrative;

     (2)  Increasing to 30 days the period of time between the receipt of the medical release report and the hearing; and

     (3)  Changing the effective date to July 1, 2012.

     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. 2248, 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. 2248, S.D. 2, H.D. 2.

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

____________________________

GILBERT KEITH-AGARAN, Chair