STAND. COM. REP. NO. 1040

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 157
                                        H.D. 2
                                        S.D. 1




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 H.B. No.
157, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

     The purpose of this bill is to reduce prison overcrowding by
establishing an integrated community sanctions program which will
be composed of:

     (1)  Drug treatment diversion programs;

     (2)  Community reintegration programs;

     (3)  Residential work-furlough programs;

     (4)  The "Halfway In, Halfway Back" program for inmates who
          are within the last six months of their incarceration;

     (5)  The early parole program; and

     (6)  Post-release sex offender and substance abuse treatment
          services.

     Your Committee finds that cost-effective alternative
sanctions are the best methods for dealing with the ever
expanding non-violent offender population.  A prison system that
cannot provide a range of punishments, services, and programming

 
a                                                     
                                   STAND. COM. REP. NO. 1040
                                   Page 2


aimed at non-violent offenders runs the risk of becoming a
revolving door for people who are often poor, highly
dysfunctional, illiterate, and substance abusers.

     Testimony in support of this measure was submitted by the
Hawaii Paroling Authority, the Department of the Prosecuting
Attorney of the City and County of Honolulu, the American Civil
Liberties Union of Hawaii, Community Alliance on Prisons,
Government Efficiency Teams, Inc., T.J. Mahoney and Associates
including nineteen current residents of T.J. Mahoney, the I Am
Free Foundation, Hawaii Engineering Services, and three private
citizens.

     The Judiciary, the Department of Public Safety, and the
Department of Health submitted testimony in support of the intent
of this measure but voiced some concerns.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Clarifying that the sums appropriated for the various
          programs shall be expended by the respective governing
          entities to which the programs will be assigned;

     (2)  Clarifying that the six month transitional program,
          "Halfway In, Halfway Back" be available only to non-
          violent inmates who pose no threat to public safety;
          and

     (3)  Making technical, non-substantive changes for the
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
157, H.D. 2, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 157, H.D.
2, S.D. 1, and be referred to the Committee on Ways and Means.


 
a                                                     
 
 
 
 
 
 
 
 
                                   STAND. COM. REP. NO. 1040
                                   Page 3


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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
a