STAND. COM. REP. NO.635

Honolulu, Hawaii

, 2003

RE: S.B. No. 630

S.D. 1

 

 

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. 630 entitled:

"A BILL FOR AN ACT RELATING TO DISPOSITION OF CONVICTED DEFENDANTS,"

begs leave to report as follows:

The purpose of this measure is to authorize the court to assume supervision and control over persons committed to the custody of the Department of Public Safety who qualify for an alternative program under §706-605.1, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from a Maui County Council member, Impact Drug and Alcohol Treatment Center, the National Association of Drug Court Professionals, the National Drug Court Institute, The Queen's Medical Center, the Housing and Community Development Corporation of Hawaii, and four concerned citizens. The Office of the Public Defender and the Department of Public Safety opposed the measure. Choices Group, Inc. offered comments and the Judiciary took no position on the measure.

Your Committee finds that the Maui Drug Court program is the only Drug Court program in Hawaii that is authorized to implement a Track IV phase. The Track IV phase serves incarcerated individuals hand-picked by the Drug Court using stringent criteria and demonstrated motivation. A Maui County funded twenty-four bed dormitory on Maui Community Correctional Center grounds is the site designated for the in-custody phase of the program.

Your Committee further finds that the Track IV phase has not been successfully implemented due to a lack of clarity as to who has jurisdiction and responsibility over the Track IV participants. Your Committee notes, however, the concerns voiced by the Department of Public Safety regarding operational difficulties and lack of resources. Therefore, your Committee amended the bill by:

(1) Amending §706-605.1, Hawaii Revised Statutes, to give the Judiciary authority to assume supervision and control over a person committed to the custody of the Department of Public Safety if the person qualifies for the Track IV phase of a Drug Court program;

(2) Amending §706-672, Hawaii Revised Statutes, to specify the court's authority to assume supervision and control over a committed person qualifying for the Track IV phase of a Drug Court program;

(3) Adding a purpose section; and

(4) Adding a sunset date of June 30, 2006.

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. 630, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 630, S.D. 1, 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