CONFERENCE COMMITTEE REP. NO. 126-10

 

Honolulu, Hawaii

                 , 2010

 

RE:    S.B. No. 2534

       S.D. 2

       H.D. 1

       C.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2534, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO BAIL,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  Require law enforcement agencies having custody of a person to accept cash, surety bonds, and own recognizance bonds when the courts are closed, to allow the prompt discharge of a person from custody or imprisonment; and

 

     (2)  Require payment of a bond to a law enforcement agency to be accompanied by a bond filing fee of $20, payable in cash, for each bond issued per defendant.

 

     The payment of cash bail or bail bonds is presently accepted only by the courts during business hours from Monday to Friday excluding weekends and holidays.  Many years ago, the practice was for any corrections facility or police facility holding the accused to accept and promptly release the accused at any time, on any day of the week.  The practical effect of the current practice is that an accused who can afford to pay the bail or bond may be held in custody for a minor offense from Friday afternoon to the following Monday morning, or Tuesday morning in the case of a Monday holiday.

 

     The costs per day of incarcerating a person can be minimized by avoiding unnecessary delays in the prompt release of a person who is legally entitled to be released.

 

Your Committee on Conference has amended this measure by:

 

     (1)  Increasing the bond filing fee to $60;

 

     (2)  Specifying that $30 of the bond filing fees collected be retained by the agency processing the bond, and $30 shall be deposited into the state general fund;

 

     (3)  Requiring that bonds be accepted by a law enforcement agency weekends and holidays during the hours that the court would otherwise be open on weekdays;

 

     (4)  Clarifying the definition of "law enforcement agency" to make technical amendments and to delete reference to the Department of Public Safety;

 

     (5)  Authorizing the Attorney General to adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate the purpose of the measure; and

 

     (6)  Changing the effective date to July 1, 2010.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2534, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2534, S.D. 2, H.D. 1, C.D. 1.

 


Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

JON RIKI KARAMATSU, Co-Chair

 

____________________________

WILL ESPERO, Chair

____________________________

GILBERT KEITH-AGARAN, Co-Chair

 

____________________________

BRIAN T. TANIGUCHI, Co-Chair