CONFERENCE COMMITTEE REP. NO. 33

 

Honolulu, Hawaii

                 , 2011

 

RE:    S.B. No. 1067

       S.D. 1

       H.D. 2

       C.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1067, S.D. 1, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO PROBATION,"

 

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 clarify that the records and information in a defendant's adult probation record that relate to the defendant's:

 

     (1)  Risk assessment and need for treatment services;

 

     (2)  Past treatment received and risk assessments conducted; and

 

     (3)  Therapeutic or rehabilitative treatments that benefitted the defendant,

 

may be provided to treatment service providers upon the screening for admission of the defendant into a program.

 

     Your Committee on Conference finds that this measure will allow access by a substance abuse service provider to the results of an offender's risk/need profile as part of the provider's determination of the offender's admission into a treatment program.  Currently, an offender's risk information is not provided to a service provider until after an offender is admitted to a program.  However, offender risk information is needed to avoid mixing high-risk offenders with low-risk offenders.  Because not all service providers provide high-risk offender treatment, the information is needed to match offenders with the most appropriate programs.  Not having this risk information prior to admission means that a high-risk offender who is admitted to a low-risk program may be dismissed from the program.  Additionally, the treatment plan developed for the offender may not address certain risk factors such that the offender does not receive programmed approaches that could have helped the offender cope with risk tendencies such as aggression and dominance. 

 

     Your Committee on Conference has amended this measure by inserting an effective date of July 1, 2011.

 

     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. 1067, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1067, S.D. 1, H.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

HENRY J.C. AQUINO, Co-Chair

 

____________________________

CLAYTON HEE, Chair

____________________________

KARL RHOADS, Co-Chair

 

____________________________

MAILE SHIMABUKURO, Co-Chair