STAND. COM. REP. NO. 1416

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 Judiciary and Labor, to which was referred S.C.R. No. 126, S.D. 1, 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:

     (1)  Request the Judiciary to convene a criminal pretrial task force to examine and make recommendations regarding criminal pretrial practices and procedures to maximize public safety, court appearances, and pretrial release; and

     (2)  Request the criminal pretrial task force, with the assistance of the Legislative Reference Bureau, to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature prior to the convening of the Regular Session of 2019.

     Your Committee received testimony in support of this measure from the Judiciary, Department of Public Safety, and Community Alliance on Prisons.  Your Committee received comments on this measure from the Legislative Reference Bureau.

     Your Committee finds that in recent years, a growing number of states and localities have reconsidered criminal pretrial release practices and have undergone reforms to increase public safety, court appearances, and pretrial release.  By requesting the Judiciary to convene a criminal pretrial task force, this measure will assist in developing proper pretrial release procedures to allow officials to assess flight and danger risks; provide guidance for the proper supervision for different types or levels of risk; and help the State combat the overcrowding in its correctional facilities.

     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 concurs with the intent and purpose of S.C.R. No. 126, S.D. 1, and recommends its adoption.

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

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GILBERT S.C. KEITH-AGARAN, Chair