STAND. COM. REP. NO.1629

Honolulu, Hawaii

, 2001

RE: S.C.R. No. 62

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.C.R. No. 62 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY, IN CONSULTATION WITH THE DEPARTMENT OF THE ATTORNEY GENERAL AND PRIVATE GROUPS SUCH AS THE OHANA HO`OPAKELE, TO IMPLEMENT PROGRAMS OF RESTORATIVE JUSTICE AND ESTABLISH WELLNESS CENTERS TO REDUCE THE RATE OF INCARCERATION AND INCREASE OPPORTUNITIES FOR INMATE REHABILITATION, PARTICULARLY AMONG NATIVE HAWAIIANS,"

begs leave to report as follows:

The purpose of this measure is to request the Department of Public Safety (PSD), in consultation with the Attorney General and private groups such as Ohana Ho`opakele, to implement programs of restorative justice and to establish wellness centers.

Testimony in support of this measure was received from the PSD, Ohana Ho`opakele, TJ Mahoney & Associates, Community Alliance on Prisons, Protect Our Native Ohana (PONO), ACLU, Government Efficiency Teams, Inc., Center for Non-Violent Education & Action, and two private citizens. The Honolulu Prosecuting Attorney submitted comments.

This measure is intended to help native Hawaiians by facilitating the reduction of the rate of incarceration and increase opportunities for inmate rehabilitation. Statistics provided by the Office of Hawaiian Affairs show that 46 per cent of all adult inmates and 51 per cent of juveniles in custody are native Hawaiians, who make up less than 20 per cent of the total population in Hawaii. This disproportion points to a high rate of recidivism.

This measure is intended to help native Hawaiian inmates by implementing a restorative justice program using ho`oponopono to heal and establishing wellness centers to treat substance addictions. Your Committee finds that ho`oponopono is an ancient Hawaiian tradition of dispute resolution that heals the soul and repairs relationships. Your Committee further finds that wellness centers should be given a chance to work, because incarceration alone does not cure drug addition.

Your Committee has amended this measure by:

(1) Adding in both the title and text the Prosecuting Attorney and Police Department of each county to the persons to be consulted and transmitting a certified copy of this measure to them; and

(2) Clarifying that the PSD is to review rather than implement alternatives to incarceration for persons who are in need of treatment for substance abuse and related problems, and implementing alternatives to incarceration.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 62, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 62, S.D. 1.

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

____________________________

BRIAN KANNO, Chair