STAND. COM. REP. NO. 1090

Honolulu, Hawaii

, 2021

RE: S.B. No. 386

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Health, Human Services, & Homelessness and Corrections, Military, & Veterans, to which was referred S.B. No. 386, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DETENTION OF A MINOR IN AN ADULT JAIL OR LOCKUP,"

beg leave to report as follows:

The purpose of this measure is to require a family court to make findings, after a hearing and in writing, before a minor can be transferred to an adult jail or lockup or be permitted sight or sound contact with adult offenders, subject to certain circumstances.

Your Committees received testimony in support of this measure from the Judiciary, Office of Hawaiian Affairs, Office of the Public Defender, Office of Youth Services, Rainbow Family 808, and three individuals. Your Committees received comments on this measure from the Department of Public Safety.

Your Committees find that the lifelong consequences on a minor after being transferred to the adult criminal justice system has a profoundly negative effect on the minor and the community. Your Committees further find that, because full brain development and maturity does not typically occur until after the age of twenty-five, adult facilities do not provide minors with developmentally appropriate rehabilitative services.

Your Committees have amended this measure by:

(1) Changing the effective date to July 1, 2060, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Health, Human Services, & Homelessness and Corrections, Military, & Veterans that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 386, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 386, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Health, Human Services, & Homelessness and Corrections, Military, & Veterans,

____________________________ TAKASHI OHNO, Chair

____________________________ RYAN I. YAMANE, Chair