STAND. COM. REP. NO. 1207

Honolulu, Hawaii

RE: H.B. No. 895

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 895 entitled:

"A BILL FOR AN ACT RELATING TO CREDIT FOR TIME OF DETENTION PRIOR TO SENTENCE,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that defendants may not earn credit on a sentence imposed for a subsequent conviction for time being served on a previous felony conviction.

Your Committee received testimony in support of this measure from the Department of the Attorney General and Department of Public Safety. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual. Your Committee received comments on this measure from the Office of Hawaiian Affairs.

Your Committee finds that Act 50, Session Laws of Hawaii 2012 (Act 50), was enacted to prevent a defendant from earning credit for time served for a subsequent crime while the defendant is serving a sentence of imprisonment for a separate unrelated offense.  However, the Hawaii Supreme Court held in State v. Abihai, 146 Haw. 398, 463 P.3d 1055 (2020), that a defendant was still entitled to presentence detention credit under Hawaii law for the period of time the defendant was simultaneously being detained for a separate unrelated felony conviction and a subsequent offense. Your Committee further finds that when Act 50 was being considered by the Legislature, your Committee on Judiciary and Labor noted in Senate Standing Committee Report No. 3188 that the purpose and intent of the measure was "to clarify that a defendant will not earn credit for time served for a subsequent crime while the defendant is serving an imprisonment sentence for a separate, unrelated offense". Accordingly, this measure will clarify the intent of Act 50 by specifying that certain defendants may not earn credit for a sentence imposed for a subsequent conviction if the defendant was simultaneously serving the sentence of imprisonment for a separate unrelated felony conviction.

Your Committee has amended this measure by 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 895, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 895, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair