STAND. COM. REP. NO. 3188

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 2602

       H.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2602, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO CREDIT FOR TIME OF DETENTION PRIOR TO SENTENCE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to clarify that a defendant will not earn credit for time served for a subsequent crime while the defendant is serving an imprisonment sentence for a separate, unrelated offense.

 

     Your Committee received testimony in support of this measure from the Department of Public Safety.  Testimony in opposition to this measure was submitted by the Office of the Public Defender.

 

     Your Committee finds that the existing language of and case law related to section 706-671, Hawaii Revised Statutes, has led to ambiguities and inconsistencies by the parties involved in a criminal case.  This measure creates uniform application and deters imprisoned offenders from incurring new offenses.

 

     The Office of the Public Defender noted in its testimony that this measure appears unnecessary because similar language is already provided under section 706-671(1), Hawaii Revised Statutes.  However, the Department of Public Safety clarified that this measure applies to defendants who are currently in custody and serving an imprisonment sentence.  Furthermore, due to plea bargains by prosecutors and defense attorneys, the Department is having problems with correctly applying section 706-671(1), Hawaii Revised Statutes.  As a result, the Department is engaged in discussions with the Department of the Attorney General to develop language to clarify and strengthen the law regarding pre-sentence detention credits.  Your Committee encourages the Department of Public Safety to provide any recommendations as a result of these discussions to strengthen this measure as it moves through the legislative process.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2602, H.D. 2, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair