CONFERENCE COMMITTEE REP. NO. 92

 

Honolulu, Hawaii

                 , 2021

 

RE:    S.B. No. 386

       S.D. 1

       H.D. 2

       C.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

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. 386, S.D. 1, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO THE DETENTION OF A MINOR IN AN ADULT JAIL OR LOCKUP,"

 

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:

 

(1)  A family court to make findings, after a hearing and in writing, before a minor can be transferred to an adult jail or lockup or be permitted sight or sound contact with adult offenders, subject to certain circumstances; and

 

(2)  The circuit court to commit all convicted offenders under eighteen to Hawaii youth correctional facilities in cases where the court deems the sentence more suitable.

 

     Your Committee on Conference finds that when a youth is transferred to the adult criminal justice system, the lifelong consequences of placement in the criminal justice system has a profoundly negative effect on both the youth and our community.  Your Committee on Conference further finds that full brain development and maturity is proven to extend beyond teen years, and studies have shown that young adults reach full maturity past the age of twenty-five years.  Due to these developmental facts, your Committee on Conference additionally finds that adult facilities do not provide the developmentally appropriate rehabilitative services youth require.

 

     Your Committee on Conference has amended this measure by changing the effective date to upon its approval.

 

     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. 386, 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. 386, 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

 

____________________________

RYAN I. YAMANE

Co-Chair

 

____________________________

JOY A. SAN BUENAVENTURA

Chair

____________________________

TAKASHI OHNO

Co-Chair

 

____________________________

KARL RHOADS

Co-Chair

____________________________

SCOT Z. MATAYOSHI

Co-Chair

 

 

____________________________

ADRIAN K. TAM

Co-Chair