STAND. COM. REP. NO. 1796

                                   Honolulu, Hawaii
                                                     , 1999


                                   RE:  GOV. MSG. NO. 156
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred
Governor's Message No. 156, submitting for study and
consideration the nomination of:

     THEODORE I. SAKAI, gubernatorial nominee as Director to the
     Department of Public Safety, for a term to expire December
     2, 2002,

begs leave to report as follows:

     Upon review of the resume and other background information
submitted by the nominee, your Committee finds that Theodore I.
Sakai holds a Bachelor's degree in Political Science and a
Master's degree in Business Administration from the University of
Hawaii, and has held a variety of positions during his 19 year
tenure with the Department of Public Safety.  Mr. Sakai has
dedicated his professional career to working within the state
correctional system and is recognized as the State's leading
authority on corrections.  Mr. Sakai has participated as a member
of the following American Correctional Association committees:
the Delegate Assembly, the Substance Abuse Committee, the
Offender Services Committee, and the Correctional Issues
Committee.

     Testimony in support of the nominee was submitted to your
Committee by the U.S. Marshal, several deputy directors and
administrators within the Department of Public Safety, the
Counseling and Probation Division of the Judiciary, the Hawaii
Paroling Authority, the Department of Education, the Hawaii

 
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Advisory Commission on Drug Abuse and Controlled Substances, the
Chief Deputy Public Defender, the Prosecuting Attorney for the
City and County of Honolulu, the Prosecuting Attorney for the
County of Kauai, the Chiefs of Police of the four county police
departments, the Hawaii Island Economic Development Board, the
Iowa State Department of Corrections, the Honolulu Information
Service, UPW/AFSCME Local 646 AFL-CIO, HGEA/AFSCME Local 52 AFL-
CIO, Big Island Business Council, Corrections Corporation of
America, American Correctional Association, American Legislative
Exchange Criminal Justice Task Force, The Sex Abuse Treatment
Center, Women's Financial Resource Center, TJ Mahoney &
Associates, Discovery Learning Systems, University of Hawaii
School of Travel Industry Management, and six private
individuals.

     Your Committee finds that all testimony indicated that Mr.
Sakai is known as an individual with a strong sense of self-
discipline and commitment to excellence in fulfilling his
responsibilities, and has demonstrated his ability to be an
effective administrator.  Your Committee further finds that
testimony also indicated that Mr. Sakai has performed his
positions with compassion, with integrity, and with the courage
to make the right decisions in spite of harsh criticism.

     Your Committee members diligently questioned the nominee
regarding his administrative qualifications, his visions, and his
priorities as the Director of the Department of Public Safety.
On March 10, 1999, Mr. Sakai submitted a plan of action to this
Committee which set forth goals, objectives, and deadlines to
address critical issues in prison management such as inmate abuse
and prevention, the delivery of mental health services, suicide
prevention, and other personnel matters such as employee
training, discipline, and grievance procedures.  Your Committee
questioned Mr. Sakai about his ability to meet these enumerated
tasks and deadlines, and he indicated that substantial progress
has been made to rectify and resolve these long-standing
management issues and that the deadlines he enumerated will be
met on time.  Your Committee intends to hold Mr. Sakai, and the
Department of Public Safety, accountable for every task and
deadline enumerated in the March 10th report.

     During this Committee's prison inquiry held on January 28 -
29, 1999, your Committee was dismayed to learn that the State
settled two cases of alleged inmate abuse, for a total of
approximately $400,000, and that no disciplinary actions were
taken against any of the correctional officers involved in either
case.  Your Committee further questioned Mr. Sakai about these
specific allegations of inmate abuse and the Department's re-
opening of the investigations into the Ulysses Kim and Anthony

 
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DeGuzman cases.   Mr. Sakai indicated that he will diligently and
personally review these cases to assess the State's risk of
exposure and take corrective action to reduce future liability.
Based upon this discussion, your Committee believes that the
nominee adequately responded to the Committee's inquiry.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee, after full consideration of the background, character,
experience, and qualifications of the nominee, has found the
nominee to be qualified for the position to which nominated and
recommends that the Senate advise and consent to the nomination.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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