STAND. COM. REP. NO.983

Honolulu, Hawaii

, 2001

RE: S.B. No. 197

S.D. 2

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Education, to which was referred S.B. No. 197, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO JUVENILES,"

begs leave to report as follows:

The purpose of this bill is to authorize the Family Court (Court) to notify school administrators when a minor has been adjudicated by the family court to have committed a felony when the court believes that such notice is necessary for the purposes of rehabilitating the minor or protecting students and staff.

The Hawaii State Teachers Association and an individual submitted testimony in support of this bill. The Department of Education and the Judiciary submitted testimony in support of the intent of this bill. The Office of the Public Defender submitted testimony in opposition to this bill. The Office of Youth Services submitted comments on this bill.

Your Committee finds that this bill will allow school administrators to help rehabilitate an adjudicated student and protect the well-being of other students and staff when necessary. Although mindful of the extreme importance of maintaining the confidentiality of juvenile court records, your Committee finds that the safety of students, teachers, and school administrators is of paramount importance. This bill will ensure that students who have been adjudicated of a serious crime will be properly rehabilitated and will further ensure that school officials can properly supervise such juveniles and keep them from being a danger to themselves and others.

Upon further consideration, your Committee has amended this bill by specifying that notice authorization applies to juveniles who have been adjudicated of an offense that would be considered a felony if committed by an adult. Because children under the age of twelve cannot be found to have committed a misdemeanor or felony under state law, this amendment was necessary to allow this bill to be applicable to all minor students.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 197, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 197, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

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

____________________________

KEN ITO, Chair