STAND. COM. REP. NO.  1562-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2776

      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 Finance, 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 pretrial risk 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 Governor; the Judiciary; Department of Public Safety; Hawaii Paroling Authority; Crime Victim Compensation Commission; Hawaii State Commission on the Status of Women; Office of Hawaiian Affairs; Office of the Public Defender; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Council of State Governments Justice Center; Drug Policy Forum of Hawaii; American Civil Liberties Union of Hawaii; Community Alliance on Prisons; Hawaii Substance Abuse Coalition; Chaminade University; Mothers Against Drunk Driving; and several individuals supported the measure.  Da Kine Bail Bonds opposed the measure.  The Department of the Prosecuting Attorney of the City and County of Honolulu, the Sex Abuse Treatment Center, and a concerned individual offered comments on the measure.  

     Your Committee has amended this measure by:

     (1)  Removing language that would have delayed the start of the six-month period of confinement for violating a condition of parole until the paroling authority has revoked the parole of the prisoner;

     (2)  Deleting language relating to the allocation of funds for positions in the Department of Public Safety based on a ratio of staff members to the incarcerated population; and

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

     As affirmed by the record of votes of the members of your Committee on Finance 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, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2776, S.D. 2, H.D. 2.

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

____________________________

MARCUS R. OSHIRO, Chair