CONFERENCE
COMMITTEE REP. NO. 149
Honolulu, Hawaii
, 2019
RE: H.B. No. 1552
H.D. 2
S.D. 2
C.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2019
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2019
State of Hawaii
Sirs:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1552, H.D. 2, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure, as received by your Committee on Conference, is to:
(1) Support best practices for an effective correctional system; and
(2) Implement certain recommendations of the Criminal Pretrial Task Force (Task Force) convened pursuant to House Concurrent Resolution No. 134, House Draft 1, Regular Session of 2017.
Specifically, this measure:
(1) Establishes and appropriates funds for the Hawaii Correctional System Oversight Commission within the Office of the Governor;
(2) Abolishes the Reentry Commission and Corrections Population Management Commission and transfers all rights, powers, functions, and duties of the Reentry Commission and Corrections Population Management Commission to the Hawaii Correctional System Oversight Commission;
(3) Requires intake service centers to complete
pretrial risk assessments and bail reports and provide them to the court within
five working days of an offender's admission to a community correctional center
and to include information on the offender's financial circumstances, executed
pretrial risk assessment, and detailed information about the risk assessment in
the bail report;
(4) Establishes that a defendant has a right to a
hearing concerning pre-trial release or detention at the time of the
defendant's arraignment and a right to counsel at the time of the hearing;
(5) Requires that bail shall be set at a
reasonable amount and under the least restrictive conditions possible based
upon all available information and that monetary bail shall be payable on a twenty-four
hours a day, seven days a week basis;
(6) Requires community correctional centers to
conduct periodic reviews of pretrial detainees to assess whether the detainees
should remain in custody;
(7) Establishes and appropriates funds for a Criminal
Justice Research Institute under the Office of the Chief Justice of the Hawaii
Supreme Court to monitor the success of changes implemented as a result of the
Task Force recommendations, conduct ongoing research on national best practices
in criminal justice policy and procedure, develop outcome measures and
recommend further reforms, and create a centralized statewide criminal pretrial
justice data reporting and collection system;
(8) Authorizes any court, upon a defendant's
pretrial release, to order the defendant to submit to the use of electronic
monitoring and surveillance or to require confinement to the defendant's
residence;
(9) Requires the Judiciary, in consultation with
the Department of Public Safety, to develop and adopt a policy for determining
whether a defendant's risk of non-appearance or recidivism may be mitigated by
home detention or electronic monitoring;
(10) Appropriates funds for intake service centers
to provide support services to pretrial defendants released from detention on a
supervised basis;
(11) Requires intake service centers to consider
victims' concerns when making pretrial release recommendations;
(12) Requires the Department of Public Safety to
submit certain reports to the Legislature; and
(13) Appropriates funds for intake service centers
in relation to their pretrial duties.
Your Committee on Conference has amended this measure by:
(1) Placing the Hawaii Correctional System Oversight Commission within the Department of the Attorney General rather than the Office of the Governor and making conforming amendments;
(2) Deleting the public service exemption for prospective employees of the Hawaii Correctional System Oversight Commission;
(3) Appropriating $158,946 for fiscal year 2019-2020 and $330,000 for fiscal year 2020-2021 for the operations of the Hawaii Correctional System Oversight Commission;
(4) Requiring intake service centers to complete
pretrial risk assessments and bail reports and provide them to the court within
three working days of an offender's admission to a community correctional
center;
(5) Clarifying
that a defendant has a right to a prompt hearing concerning release or
detention that occurs at the time of the defendant's arraignment, or as soon as
practicable;
(6) Establishing a statewide program that permits
the posting of monetary bail twenty-four hours a day, seven days a week for
defendants for whom a monetary amount of bail has been set by the police, other
law enforcement agency, or the court.
For defendants in custody of the Department of Public Safety, requires the
Judiciary to contract with a single vendor to post bail seven days a week;
(7) Clarifying that community correctional centers
shall transmit periodic reviews of pretrial detainees by correspondence or
electronically to the appropriate court, prosecuting attorney, and defense
counsel;
(8) Clarifying the Criminal Justice Research
Institute's duties and functions, clarifying the Institute's Board of
Directors' leadership and membership, and specifying meeting and reporting
requirements;
(9) Appropriating $181,388 for fiscal year 2019-2020 and $314,376 for fiscal year 2020-2021 for the establishment and staffing of the Criminal Justice Research Institute and for any necessary facilities and equipment;
(10) Removing appropriation language for intake
service centers to provide support services to pretrial defendants released
from detention on a supervised basis;
(11) Appropriating $305,138 for fiscal year 2019-2020 and $502,476 for fiscal year 2020-2021 for intake service centers' activities in relation to their pretrial duties;
(12) Changing its effective date to upon approval, provided that:
(A) The abolishment of the Reentry Commission and Corrections Population Management Commission shall be effective on January 1, 2020;
(B) The recommendations of the Task Force regarding pre-trial detention, bail, risk assessments, the Criminal Justice Research Institute, electronic monitoring and home detention, and victims' rights shall take effect on January 1, 2020; and
(C) The appropriations for the Hawaii Correctional System Oversight Commission, Criminal Justice Research Institute, and intake service centers shall take effect on July 1, 2019; and
(13) Making technical, nonsubstantive amendments for
clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1552, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1552, H.D. 2, S.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ CLARENCE K. NISHIHARA Chair |
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____________________________ GREGG TAKAYAMA Co-Chair |
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____________________________ LAURA H. THIELEN Co-Chair |
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____________________________ CHRIS LEE Co-Chair |
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____________________________ GIL RIVIERE Co-Chair |
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____________________________ CEDRIC ASUEGA GATES Co-Chair |
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____________________________ KARL RHOADS Co-Chair |
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