STAND. COM. REP. NO. 1229

Honolulu, Hawaii

RE:    S.C.R. No. 126

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.C.R. No. 126 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO CONVENE A TASK FORCE TO EXAMINE AND MAKE RECOMMENDATIONS REGARDING CRIMINAL PRETRIAL PRACTICES AND PROCEDURES TO MAXIMIZE PUBLIC SAFETY, MAXIMIZE COURT APPEARANCES, AND MAXIMIZE PRETRIAL RELEASE OF THE ACCUSED AND PRESUMED INNOCENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Judiciary to convene a task force to examine and make recommendations regarding criminal pretrial practices and procedures to maximize public safety, court appearances, and pretrial release.

     Your Committee received testimony in support of this measure from the Judiciary, State of Hawai‘i; Department of Public Safety; Community Alliance on Prisons; and Domestic Violence Action Center.  Your Committee received comments on this measure from the Legislative Reference Bureau.

     Your Committee finds that reforming the correctional system to implement effective and efficient pretrial release policies is important for protecting the rights of the public and the accused.  Proper pretrial release procedures allow officials to assess flight and danger risks and provide guidance for the proper supervision for different types or levels of risk.  In addition, better pretrial procedures would help the State combat the overcrowding in its correctional facilities.

     Your Committee has amended this measure by:

     (1)  Adding a representative of the Legislative Reference Bureau to the Criminal Pretrial Task Force; and

     (2)  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 Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 126, as amended herein, and recommends that it be referred to your Committee on Judiciary and Labor, in the form attached hereto as S.C.R. No. 126, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

________________________________

CLARENCE K. NISHIHARA, Chair