Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 787

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Health, to which was referred H.B. No. 787


begs leave to report as follows:

     The purpose of this bill is to establish civil commitment
procedures for the long-term care and treatment of persons found
to be sexually violent predators.  Those persons who may be
considered sexually violent predators are persons who:

     (1)  Have been charged or convicted of certain offenses; and

     (2)  Suffer from a mental abnormality or personality

that makes the person likely to engage in predatory acts of
sexual violence if the person is not confined in a secure

     The Department of Public Safety, the Department of the
Prosecuting Attorney of the City and County of Honolulu, and the
Honolulu Police Department submitted testimony in support of this
measure.  The Department of Health submitted testimony in support
of the intent of this measure, but conveyed serious reservations.
The Office of Youth Services opposed the intent of this measure.
The Judiciary took no position on the merits of this bill, but
raised serious concerns as to the impact to current Circuit court

                                 STAND. COM. REP. NO. 38
                                 Page 2


     Your Committee finds that while some sex offenders do not
re-offend after their initial incarceration, many repeat
offenders seem oblivious to the impact of incarceration or
treatment.  Your Committee is concerned that no amount of care
will help repeat offenders with treatment or rehabilitation, and
believes that the only protection for public safety is
incarceration.  Sensitive to the legal ramifications of a repeat
offender, your Committee respectfully requests the Committees on
Judiciary and Hawaiian Affairs and Public Safety and Military
Affairs to examine this issue.

     While this measure specifically protects the public from
sexually violent predators, your Committee believes that the
entire range of forensic corrections must be examined to
determine the appropriateness for rehabilitation of all

     As affirmed by the record of votes of the members of your
Committees on Health that are attached to this report, your
Committees are in accord with the intent and purpose of H.B. No.
787, and recommends that it pass Second Reading and be referred
to the Committees on Judiciary and Hawaiian Affairs and Public
Safety and Military Affairs.

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

                                   ALEXANDER C. SANTIAGO, Chair