STAND. COM. REP. NO.409

Honolulu, Hawaii

, 2001

RE: H.B. No. 176

H.D. 2

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 176, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

The purpose of the bill as received by your Committee is to:

1. Mandate substance abuse assessment treatment for offenders under the custody of the Department of Public Safety; and

2 Implement a policy shift in addressing non-violent drug possession offense by requiring mandatory community-supervision and treatment in lieu of incarceration.

Your Committee received testimony in favor of the measure from the Judiciary, the Department of Public Safety, the Department of Health, the Office of the Public Defender, the American Civil Liberty Union, the Community Alliance on Prisons, Drug Policy Forum of Hawaii, T.J. Mahoney & Associates and a concerned individual. Your Committee received testimony in opposition from the Department of the Prosecuting Attorney for the City and County of Honolulu and the Honolulu Police Department.

Your Committee finds that supporting substance abuse treatment through mandatory probationary terms and conditions serves the interest of public safety and public health.

After much input from the Judiciary and the Department of Public Safety your Committee amended the bill by:

1. Clarifying the definition of "drug court" as used in this bill;

2. Deleting the requirement of an evidentiary hearing to determine if the defendant:

a. Is a good candidate for drug treatment and

b. Is a risk to the community;

3. Directing the court not to revoke probation merely for a single violation;

4. Giving the court discretion in imposing up to one year of jail as a condition of probation at the time of initial sentencing;

5. Giving the court discretion in imposing up to one year of jail as a condition of probation at the time of a hearing on revocation and resentencing;

6. Granting expungement also to those who might fail this program but nevertheless completes the more difficult drug court program; and

7. Making technical and nonsubstantive changes for the purpose of style and clarity.

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 H.B. No. 176, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 176, H.D. 2.

 

 

 

 

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

____________________________

ERIC G. HAMAKAWA, Chair