STAND. COM. REP. NO. 2367

Honolulu, Hawaii

RE:    S.B. No. 2104

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2104 entitled:

"A BILL FOR AN ACT RELATING TO THE COLLECTION OF RESTITUTION FOR CRIME VICTIMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Create standards and procedures for income withholding, similar to those used for outstanding child support payments, for purposes of enforcing restitution orders;

     (2)  Amend the definition of "debt" relating to the recovery of money owed to the State to include court-ordered restitution subject to civil enforcement;

     (3)  Provide priority of income withholding orders;

     (4)  Require that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case;

     (5)  Extend victims' access to adult probation records to include access to payment compliance records;

     (6)  Make permanent Act 119, Session Law of Hawaii 2011, which allows certain adult probation records to be provided to certain case management, assessment, or treatment service providers upon the screening for admission, acceptance, or admittance of the defendant into a treatment program; and

     (7)  Appropriate funds to enhance restitution collection, including the hiring of necessary staff.

     Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission; Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Kauai; and one individual.  Your Committee received comments on this measure from the Judiciary, Department of the Attorney General, and Department of Taxation.

     Your Committee finds that victim restitution is a paramount victim's right that addresses a wide range of effects of crime, including physical, emotional, psychological, financial, and social impacts.  This measure offers a comprehensive approach to restitution collection so that victims of crimes will not be provided hollow promises when the court orders restitution.

     Your Committee has amended this measure by:

     (1)  Adopting the language suggested by the Department of the Attorney General to add references to chapters 580 and 584, Hawaii Revised Statutes, as having priority over an income withholding order for court-ordered restitution;

     (2)  Adding a severability clause;

     (3)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2104, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2104, S.D. 1, and be referred to your Committee on Ways and Means.

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

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GILBERT S.C. KEITH-AGARAN, Chair