STAND.
COM. REP. NO. 299
Honolulu, Hawaii
, 2023
RE: H.B. No. 862
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 862 entitled:
"A BILL FOR AN ACT RELATING TO THE JUDICIARY,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Office of the Public Defender, Hawai‘i Association of Criminal Defense Lawyers, and one individual. Your Committee received testimony in opposition to this measure from the Judiciary and Hawaii Paroling Authority.
Your Committee finds that the existing procedure for judicial review of orders fixing minimum terms of imprisonment is unduly burdensome and unfair for indigent inmates. The existing procedure requires an inmate to file a new cause of action, create their own record, and raise legal issues. The existing procedure also does not entitle inmates to representation by the Office of the Public Defender. This measure provides a new procedure for inmates to seek review of orders fixing the minimum terms of imprisonment.
Your Committee has amended this measure by:
(1) Changing the effective date to June 30, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 862, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 862, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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