STAND. COM. REP. NO. 1987

Honolulu, Hawaii

RE: S.R. No. 202

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.R. No. 202 entitled:

"SENATE RESOLUTION REQUESTING THE OFFICE OF THE ADMINISTRATIVE DIRECTOR OF THE COURTS OF THE HAWAII STATE JUDICIARY TO COLLECT, COMPILE, AND SHARE DATA ON THE ASSESSMENT OF FEES, COURT COSTS, FINES, AND RESTITUTION IN CASES AGAINST MINORS,"

begs leave to report as follows:

The purpose and intent of this measure is to request the Administrative Director of the Courts of the Hawaii State Judiciary to collect, compile, and share data on the assessment of fees, court costs, fines, and restitution in cases against minors.

Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission, Office of the Public Defender, Hawai‘i Friends for Restorative Justice, Hawaii Health & Harm Reduction Center, American Civil Liberties Union of Hawai‘i, Policy Advocacy Clinic at Berkeley Law, Opportunity Youth Action Hawai‘i, and Institute for Justice. Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that research shows that charging fees, fines, costs, and restitution to youth is harmful to young people and their families. In Hawai‘i, the consequences of such costs fall disproportionately on Native Hawaiian, Pacific Islander, and Black youth, who are more likely to be arrested, detained, and unable to afford fees, fines, costs, and restitution. There is a growing consensus that fees and fines should not be assessed for mistakes made in a person's youth, regardless of the age or jurisdiction in which the person is adjudicated or sentenced. This measure will encourage the Administrative Director of the Courts of the Hawaii State Judiciary to produce information that will help determine whether the State should prohibit the imposition of fees and fines on young people.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 202 and recommends its adoption.

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

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KARL RHOADS, Chair