STAND. COM. REP. NO. 2325

Honolulu, Hawaii

RE: S.B. No. 2180

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2180 entitled:

"A BILL FOR AN ACT RELATING TO EXECUTIVE PARDONS,"

begs leave to report as follows:

The purpose and intent of this measure is to establish a comprehensive process for the consideration of executive pardons.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu. Your Committee received comments on this measure from the Hawaii Paroling Authority.

Your Committee finds that county prosecutors and crime victims in Hawaii do not receive advance notice of applications for executive pardons and are only notified when pardons are granted. This creates a situation where neither prosecutors nor the victims are able to provide any input for the Governor's consideration, as they do for furlough and parole prior to an offender's conviction or sentencing. Under existing law, only the Department of Public Safety is mandated to consider every application for pardon, which is referred by the Governor. Your Committee further finds that there is very little guidance or requirements regarding the process before a pardon is granted. This measure will establish a consistent and reliable means for prosecutors and victims to be able to provide meaningful input on all applications for pardon so that the Governor can make more informed decisions.

Your Committee has amended this measure by:

(1) Changing language that requires the Attorney General, Director of Public Safety, and Hawaii Paroling Authority to investigate every application for pardon referred by the Governor only if requested rather than if necessary; 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 is in accord with the intent and purpose of S.B. No. 2180, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2180, S.D. 1, and be referred to your Committee on Judiciary.

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

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CLARENCE K. NISHIHARA, Chair