STAND. COM. REP. NO.  1276-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2776

      S.D. 2

      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 Judiciary, to which was referred S.B. No. 2776, 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 implement the recommendations of the Justice Reinvestment Working Group regarding three areas of improvement to Hawaii's criminal justice and corrections system - pretrial process, parole, and payment of restitution — by focusing on incarceration, supervision, and treatment as follows:

     (1)  Requiring that an objective assessment be conducted within the first three working days of a person's commitment to a community correctional center;

     (2)  Increasing the number of Hawaii Paroling Authority members;

     (3)  Requiring the Hawaii Paroling Authority to use a validated risk assessment to determine the person's risk of re-offense and suitability for community supervision;

     (4)  Reducing recidivism by using effective responses to parole condition violations;

     (5)  Improving the collection of restitution by the Department of Public Safety;

     (6)  Ensuring all felony offenders are supervised for a minimum period of time after their release from incarceration;

     (7)  Requiring that savings realized by reducing the incarcerated population be reinvested within the criminal justice system; and

     (8)  Appropriating funds for Department of Public Safety positions in the State and counties to improve the State's criminal justice system and to increase public safety.

The Office of the Governor, Office of Hawaiian Affairs, Judiciary, Hawaii Paroling Authority, Office of the Public Defender, Department of Public Safety, Hawaii State Commission on the Status of Women, Crime Victim Compensation Commission, Community Alliance for Prisons, Drug Policy Forum of Hawaii, Justice Center, Domestic Violence Action Center, Hawaii State Coalition Against Domestic Violence, Mothers Against Drunk Driving, Chaminade University of Honolulu, Sex Abuse Treatment Center, and several concerned individuals supported the measure.  The Kauai Prosecuting Attorney, American Civil Liberties Union of Hawaii, and a concerned individual supported the measure with amendments.  The Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO supported the intent of the measure with amendments.  The Honolulu Prosecuting Attorney offered comments.  Several bail bond agents and a surety opposed the measure.

     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. 2776, S.D. 2, H.D. 1, and recommends that it be referred to the Committee on Finance.

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

____________________________

GILBERT KEITH-AGARAN, Chair