153
THE SENATE                           S.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE STATE AUDITOR TO CONDUCT AN AUDIT OF POTENTIAL
    COST SAVINGS IF DIRECT FILING OF CRIMINAL CHARGES WERE
    INSTITUTED.



 1        WHEREAS, the current system of charging criminal
 2   defendants in felony cases requires either preliminary hearings
 3   or grand jury proceedings to determine if there is a probable
 4   cause to believe that a defendant has committed an offense; and
 5   
 6        WHEREAS, the standard for probable cause is when a
 7   reasonable and prudent person viewing the evidence would have a
 8   strong suspicion that a crime has been committed; and
 9   
10        WHEREAS, several states, including Washington, Florida,
11   Arkansas, Indiana, Connecticut, and Rhode Island use a system
12   in which the prosecuting authority directly files criminal
13   charges with the court; and
14   
15        WHEREAS, in jurisdictions that permit direct filing of
16   criminal charges, a judge reviews affidavits sworn under oath
17   that sets forth the circumstances of the alleged offence to
18   determine if probable cause exists and by the defendant's
19   ability to challenge the existence of probable cause by moving
20   for a dismissal of the filing; and
21   
22        WHEREAS, use of direct filing of criminal charges would
23   abolish the need for grand jury proceedings or a preliminary
24   hearing; and
25   
26        WHEREAS, abolishment of grand jury proceedings would
27   eliminate the need for:
28             1)   empanelment of new grand juries every year;
29             2)   appointment of independent grand jury counsel;
30             3)   maintenance of a grand jury room and associated
31                  equipment and furnishings;
32             4)   transcripts of grand jury proceedings;

 
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                                  S.C.R. NO.            
                                                        
                                                        

 
 1             5)   judiciary staff currently assigned to grand jury
 2                  functions;
 3             6)   prosecutor's staff, such as deputy prosecutors,
 4                  investigators, paralegals and clerks assigned to
 5                  handle grand jury cases; and
 6             7)   witnesses, including police officers and
 7                  criminalists, who currently have to testify
 8                  before the grand jury; and
 9   
10        WHEREAS, it appears abolishment of grand jury proceedings
11   would result in cost savings in witness fees and mileage, grand
12   juror fees, police overtime and equipment and furnishings; and
13   
14        WHEREAS, abolishment of grand jury proceedings would save
15   civilian witnesses such as doctors, merchants and private
16   citizens the time and expense of having to attend and testify;
17   and
18   
19        WHEREAS, judicial, prosecutorial and police staff
20   currently needed for grand jury functions, could be reassigned
21   to other duties; and
22   
23        WHEREAS, abolishment of preliminary hearings would
24   eliminate the need for:
25             1)   judges and judicial staff needed for preliminary
26                  hearing functions;
27             2)   deputy public defenders and staff, appointed
28                  defense counsel, and deputy prosecutors and
29                  staff assigned to handle preliminary hearing
30                  cases; and
31             3)   witnesses, including police officers and
32                  criminalists, who currently have to testify at
33                  preliminary hearings; and
34   
35        WHEREAS, it appears abolishment of preliminary hearings
36   would result in cost savings in witness fees and mileage,
37   appointed counsel fees and police overtime; and
38   
39        WHEREAS, judicial, prosecutorial, police, and public
40   defender staff currently needed for preliminary hearing
41   functions could be reassigned to other duties; and
42   

 
 
 
 
 
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                                  S.C.R. NO.            
                                                        
                                                        

 
 1        WHEREAS, an audit regarding the total potential cost
 2   savings of direct filing of criminal charges would be useful in
 3   determining whether such a system should be instituted and
 4   whether it would provide a more efficient use of judicial and
 5   criminal justice resources; now, therefore,
 6   
 7        BE IT RESOLVED by the Senate of the Twentieth Legislature
 8   of the State of Hawaii, Regular Session of 2000, the House of
 9   Representatives concurring, that the State Auditor conduct an
10   audit to determine what, if any, potential cost savings could
11   be realized by instituting direct filing of criminal charges;
12   and
13   
14        BE IT FURTHER RESOLVED that the State Auditor consult with
15   the county prosecutors, the county police, the Attorney
16   General, the office of public defenders, the judiciary, and any
17   other association or groups, including but not limited to the
18   Retail Merchants Association, the Hawaii Association of
19   Financial Institutions Security Officers and the Hawaii Medical
20   Association regarding any potential savings to these agencies,
21   groups or their members; and
22   
23        BE IT FURTHER RESOLVED that the State Auditor submit a
24   report of its findings and recommendations to the Legislature
25   no later than twenty days prior to the convening of the Regular
26   Session of 2001; and
27   
28        BE IT FURTHER RESOLVED that certified copies of this
29   Concurrent Resolution be transmitted to the State Auditor, the
30   county prosecutors, the county police, the Attorney General,
31   the office of the public defenders, the Judiciary, the Retail
32   Merchants Association, the Hawaii Association of Financial
33   Institutions Security Officers and the Hawaii Medical
34   Association.
35 
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37 
38                         OFFERED BY:  ____________________________
39 
40 
41 
42                                      ____________________________