STAND. COM. REP. NO.1261

Honolulu, Hawaii

, 2003

RE: S.R. No. 60

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.R. No. 60 entitled:

"SENATE RESOLUTION CONVENING A TASK FORCE TO DETERMINE WHETHER HAWAII SHOULD ENACT A THREE STRIKES LAW,"

begs leave to report as follows:

The purpose of this measure is to convene a task force chaired by the Dean of the University of Hawaii, William S. Richardson School of Law, to study and determine whether Hawaii should enact a three strikes law.

Your Committee received comments with proposed amendments on this resolution from the Judiciary, the Office of the Public Defender, the Corrections Population Management Commission, the ACLU of Hawaii, and the Community Alliance on Prisons. Ka Lahui Hawaii testified in support of the resolution. The Libertarian Party of Hawaii opposed the resolution.

Your Committee believes that it is in the State's best interest to "think things through" before enacting a law that may greatly impact Hawaii's criminal justice system and correctional facilities.

Based on testimony received, your Committee amended the measure by:

(1) Using the Sentencing Simulation Model Project to assist the task force to determine whether Hawaii should enact a three strikes law;

(2) Removing the Judiciary member from the task force;

(3) Adding a member of the American Civil Liberties Union of Hawaii to the task force;

(4) Deleting the requirement that a certified copy of the resolution be sent to the Judiciary;

(5) Adding the requirement that a certified copy of the resolution be sent to the American Civil Liberties Union of Hawaii; and

(6) Making technical, nonsubstantive changes for clarity and style.

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 concurs with the intent and purpose of S.R. No. 60, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 60, S.D. 1.

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

____________________________

COLLEEN HANABUSA, Chair