REPORT TITLE:
Crime Victim Compensation

DESCRIPTION:
Repeals 30 percent cap on administrative expenses.  Requires
commission to appoint, not subject to chapters 76 and 77, an
administrator. (SB1159 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1159
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME VICTIM COMPENSATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The primary purpose of this Act is to maintain
 
 2 support for the crime victim compensation commission until it is
 
 3 self-sufficient and independent of state appropriations.  In
 
 4 working towards self-sufficiency, the commission must be given
 
 5 three to five years to build its revenues.  California's crime
 
 6 victim board is an example of a program that came from being
 
 7 millions of dollars in debt to being able to provide rebates in
 
 8 the form of monetary incentives to the judiciary and corrections.
 
 9 Across the nation, twenty-nine states are able to maintain self-
 
10 sufficiency through a system of compensation fees, civil
 
11 recoveries, and restitution and are not dependent on general fund
 
12 appropriations.  Of the remaining twenty-one states, twelve fund
 
13 their programs through general fund appropriations, a federal
 
14 grant, and offender assessments and nine are funded by general
 
15 fund appropriations and a federal grant.  During the first six
 
16 months of implementation, the commission received $105,000 in
 
17 revenues.  This is far short of the resources needed to operate
 
18 an effective program.
 
19      SECTION 2.  Section 351-62.5, Hawaii Revised Statutes, is
 
20 amended by amending subsection (d) to read as follows:
 

 
Page 2                                                     1159
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1      "(d)  Funds received pursuant to section 354D-12(b)(1) and
 
 2 amounts received pursuant to sections 351-35, 351-62.6, 351-63,
 
 3 and 706-605 shall be deposited into the crime victim compensation
 
 4 special fund.  Moneys received shall be used for compensation
 
 5 payments [and], operating expenses, [of which not more than
 
 6 thirty per cent shall be used for operating expenses and to fund]
 
 7 salaries of positions as authorized by the legislature[.], and
 
 8 collection of fees.  The commission may enter into memorandums of
 
 9 agreement with the judiciary for the collection of fees by the
 
10 judiciary; provided that no funds shall be deposited by the
 
11 judiciary into the crime victim compensation special fund until
 
12 collected."
 
13      SECTION 3.  Section 351-69, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "�351-69  Commission staff.  Supervisory, administrative,
 
16 and clerical personnel necessary for the efficient functioning of
 
17 the commission shall be appointed as provided in section
 
18 26-35[.]; provided that the commission shall appoint, not subject
 
19 to chapters 76 and 77, an administrator for the proper
 
20 administration and enforcement of this chapter."
 
21      SECTION 4.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 5.  This Act shall take effect on July 1, 1999.