STAND. COM. REP. NO. 2201

Honolulu, Hawaii

RE: S.B. No. 1392

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred S.B. No. 1392 entitled:

"A BILL FOR AN ACT RELATING TO PERIODIC REVIEWS OF DETAINEES IN COMMUNITY CORRECTIONAL CENTERS,"

begs leave to report as follows:

The purpose and intent of this measure is to repeal the requirement for the Department of Public Safety to reassess pretrial detainees on a regular basis for reconsideration of pretrial release.

Your Committee received testimony in support of this measure from the Department of Corrections and Rehabilitation.

Your Committee received comments on this measure from the Community Alliance on Prisons.

Your Committee finds that Act 179, Session Laws of Hawaii 2019, enacted bail reform initiatives with the goal of increasing fairness to pretrial detainees by offering greater and continuing opportunities for release prior to trial. However, your Committee further finds that there is concern that this Act has detracted from the intake service centers' production of the initial bail reports that are due to the court within three days of admission, as well as other duties and responsibilities mandated by statute. This measure will ease intake service centers workload.

Your Committee has amended this measure by:

(1) Changing all references to the "Department of Public Safety" to the "Department of Corrections and Rehabilitation";

(2) Restoring language that requires periodic reviews of detainees in community correctional centers;

(3) Extending the time requirement for pretrial release reassessments from three months to six months;

(4) Amending section 1 to reflect its amended purpose; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety and Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1392, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1392, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Intergovernmental and Military Affairs,

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GLENN WAKAI, Chair