STAND.
COM. REP. NO. 66
Honolulu, Hawaii
, 2023
RE: H.B. No. 317
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 Human Services, to which was referred H.B. No. 317 entitled:
"A BILL FOR AN ACT RELATING TO YOUTH FEES AND FINES,"
begs leave to report as follows:
The
purpose of this measure is to:
(1) Prohibit the assessment of any fines, fees, or court costs against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen, or against the person's parent or guardian;
(2) Limit court-ordered community service for a minor to no more than seventy-two hours;
(3) Repeal the statewide curfew for minors; and
(4) Discharge all outstanding debt obligations for fees, fines, and costs assessed in related cases prior to the effective date of this measure.
Your Committee finds
that charging fees, fines, and court costs to minors during juvenile justice
proceedings harms young people and their families. In Hawaii, the consequences of these
assessments fall disproportionately on Native Hawaiian, Pacific Islander, and
Black youth. Your Committee further
finds that although Hawaii law authorizes the courts to assess monetary
penalties on minors and their families, in practice, judges across the State
rarely impose these costs. Your
Committee also finds that many states are seeking to reform or repeal fines and
fees against juveniles and their families.
This measure extends similar reform efforts for juvenile justice cases
in Hawaii.
Your Committee notes the comments expressed by the Judiciary in their testimony before your Committee that "[t]he intent and purposes of this bill are admirable; the strategies employed are evidenced-based" and that family courts across the State rarely impose fines, fees, or costs on minors and their parents.
Your Committee additionally finds that this measure eliminates driver education assessments levied against minors for certain violations. Your Committee also notes the concerns raised by the Judiciary in their testimony regarding potential shortfalls to the Statewide Driver Education Special Fund, as it is the sole funding source for the Statewide Driver Education Program. In the case of such a shortfall, the Judiciary may have to request additional funding from the Legislature.
Your
Committee has amended this measure by:
(1) Deleting language that would have prohibited
the family court from assessing the cost of issuing and executing a summons or
warrant against a minor's parent or guardian when the parent or guardian fails
to comply with an order to produce the minor in court for a violation of a
court order of probation or protective supervision;
(2) Clarifying that the provision of certain
no-cost treatment and services to a minor does not prohibit the utilization of
treatment or services that may be available under a minor's health insurance or
remove responsibility for any required copayments;
(3) Deleting amendments to the Interstate Compact
on Juveniles;
(4) Deleting language retroactively discharging
outstanding debt obligations for court-ordered fees, fines, and costs
assessed in related cases prior to the effective date of this measure;
(5) Changing the effective date to June 30, 3000,
to encourage further discussion; and
(6) 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 Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 317, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 317, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services,
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____________________________ JOHN M. MIZUNO, Chair |
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