STAND. COM. REP. NO. 762

Honolulu, Hawaii

, 2019

RE: H.B. No. 1289

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1289, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL PRETRIAL REFORM,"

begs leave to report as follows:

The purpose of this measure is to implement recommendations of the Criminal Pretrial Task Force convened pursuant to House Concurrent Resolution No. 134, House Draft 1, Regular Session of 2017.

The Judiciary, The Department of Public Safety, Office of Hawaiian Affairs, Community Alliance on Prisons, Young Progressives, IMUAlliance provided testimony supporting the measure. The Police Department City and County of Honolulu testified in opposition of measure. The Department of the Attorney General, Office of Public Defender, and the American Civil Liberties Union commented on the measure.

Your Committee has amended this measure by:

(1) Requiring that each person or entity that conducts research for an intake service center be approved and contracted by the Department of Public Safety;.

(2) Adding that if that if the defendant has at least one conviction for a misdemeanor crime of violence or felony crime of violence within the last twenty years, the defendant shall not qualify to be released on the defendant's own recognizance;

(3) Defining "Prompt bail hearing"; and

(4) Making certain provisions effective on January 1, 2020.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1289, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1289, H.D. 2.

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

____________________________

CHRIS LEE, Chair