STAND. COM. REP. NO.18

Honolulu, Hawaii

, 2003

RE: S.B. No. 635

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.B. No. 635 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC FINES,"

begs leave to report as follows:

The purpose of this measure is to establish a drug court special fund to be funded in fiscal years 2003-2004 and 2004-2005 by the remainder of the amount collected from traffic fines, forfeitures, and assessments after the first five million in each fiscal year is deposited into the judiciary computer system special fund.

Your committee received testimony supporting this measure from the ACLU. The Judiciary supported the bill but had concerns over certain provisions. The Department of Budget and Finance and the Honolulu Police Department opposed the bill.

Your Committee finds that the State's public safety and welfare is compromised by persons addicted to drugs or alcohol who commit crimes or drive while under the influence. Incarcerated addicts released back into the community without treatment often resume their drug or alcohol use, resulting in reincarceration.

Your Committee further finds that the Judiciary has achieved tremendous success in reducing recidivism through its drug court programs, and is exploring the possibility of establishing a mental health court to treat defendants suffering from mental health or disability. Your Committee believes that the newly established special fund should not be unnecessarily restricted to one program. Therefore, your Committee amended this bill by:

(1) Adding a purpose section;

(2) Replacing the drug court special fund with the problem solving courts special fund;

(3) Clarifying that only uncontested traffic fines and not adjudicated traffic fines are deposited into the problem solving courts special fund; and

(4) Removing all sunset provisions.

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 S.B. No. 635, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 635, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

COLLEEN HANABUSA, Chair