STAND. COM. REP. NO.592

Honolulu, Hawaii

, 2003

RE: S.B. No. 390

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 390 entitled:

"A BILL FOR AN ACT RELATING TO EXPUNGEMENT,"

begs leave to report as follows:

The purpose of this measure is to authorize expungement of a juvenile arrest record if a person who was arrested under §§ 571-11(1) or 571-11(2), Hawaii Revised Statutes, was counseled and released by police and is now an adult.

Your Committee Received testimony in support of this measure from the Department of the Attorney General, the Office of the Public Defender, the Honolulu Police Department, and the Juvenile Justice Information Committee.

Your Committee finds that in order to be eligible for counseling and release, the juvenile must first admit to the offense. It is usually advantageous for first time juvenile offenders to admit their mistake, recognize how their actions impact the community, and accept appropriate corrective action. Police usually use the "counsel and release" option only for first time offenders, thus necessitating a record that the "counsel and release" option has already been used for a particular offender.

Your Committee further finds, however, that because the "counseling and release" option is currently ineligible for expungement, some juveniles are being advised not to admit to the offense and to go through the justice system. Because your Committee believes law enforcement and court resources can be better utilized in other areas, your Committee agrees "counseling and release" cases should be eligible for expungement when the juvenile reaches the age of majority.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 390 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair