STAND. COM. REP. NO.  530-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 2116

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Human Services, to which was referred H.B. No. 2116 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING FOR JUVENILE OFFENDERS,"

begs leave to report as follows:

The purpose of this measure is to require the criminal courts to account for the developmental differences between juvenile and adult defenders when sentencing juveniles by:

(1)  Establishing sentence modification procedures and sentencing considerations for offenses committed by an individual prior to their turning age eighteen;

(2)  Abolishing life imprisonment without parole as a sentencing option for those convicted for offenses committed while under the age of eighteen; and

(3)  Limiting the minimum term of incarceration required before a person sentenced for an offense committed while under eighteen years of age may be eligible for parole.

The Campaign for the Fair Sentencing of Youth and several concerned individuals supported this bill.  The Richardson Students for the Rights of Children and Hawai‘i Appleseed Center for Law and Economic Justice supported the intent of the measure and provided comments.  The Department of the Prosecuting Attorney commented on this bill.

     Your Committee has amended this measure by:

(1)  Changing its effective date to July 1, 2050, to facilitate discussion; and

(2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee respectfully notes that there was considerable opposing testimony on this matter, and that because your Committee on Judiciary has considerable experience in matters of sentencing, your Committee encourages further discussion and consideration should your Committee on Judiciary choose to consider this measure.

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2116, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2116, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services,

____________________________

MELE CARROLL, Chair