CONFERENCE COMMITTEE REP. NO. 158

 

Honolulu, Hawaii

                 , 2015

 

RE:    S.B. No. 213

       S.D. 2

       H.D. 3

       C.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

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. 213, S.D. 2, H.D. 3, entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII PENAL CODE,"

 

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 require the Department of Public Safety (Department), no later than six months of the effective date of this measure, to send written notice to those defendants who had terms of imprisonment imposed prior to June 18, 2008:

 

     (1)  Notice that the Department may recalculate the multiple terms of imprisonment imposed on the defendant; and

 

     (2)  Notice of the defendant's right to have the court review the defendant's sentence.

 

     Your Committee on Conference finds that prior to 2008, section 706-668.5, Hawaii Revised Statutes, relating to imposition of multiple terms of imprisonment, provided that the terms run consecutively unless the court specifically ordered that the terms run concurrently.  Act 193, Session Laws of Hawaii 2008, amended section 706-668.5, Hawaii Revised Statutes, and provided that multiple terms of imprisonment run concurrently unless the court specifically orders that the terms run consecutively.  This measure attempts to bring parity to the treatment of defendants sentenced to multiple terms prior to the effective date of Act 193, which is June 18, 2008, and those sentenced to multiple terms after that date while providing defendants with adequate notice regarding the possibility of their multiple terms of imprisonment being recalculated by the Department and their rights to have the court review their sentences.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Requiring the Department to post written notice in all inmate housing units and the facility library at each correctional facility for a period of two months;

 

     (2)  Requiring the Department to send written notice no later than January 1, 2016, rather than within six months of the effective date of this measure, to defendants with terms of imprisonment imposed prior to June 18, 2008; and

 

     (3)  Inserting an effective date of July 1, 2015.

 

     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. 213, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 213, S.D. 2, H.D. 3, C.D. 1.

 


Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

GREGG TAKAYAMA, Co-Chair

 

____________________________

GILBERT S.C. KEITH-AGARAN, Chair

____________________________

KARL RHOADS, Co-Chair

 

____________________________

WILL ESPERO, Co-Chair

____________________________

AARON LING JOHANSON, Co-Chair

 

____________________________

BREENE HARIMOTO, Co-Chair