STAND. COM. REP. NO.816

Honolulu, Hawaii

, 2001

RE: S.B. No. 723

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 723 entitled:

"A BILL FOR AN ACT RELATING TO PROBATION,"

begs leave to report as follows:

The purpose of this measure is to allow family court probation officers to provide specified information about a juvenile law violator and adult probationer to the victim, surviving member of a victim's family, or a victim advocate.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, Women Helping Women, Battered/Formerly Battered Women's Caucus, Hawai'i State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, Hawaii State Commission on the Status of Women, and three private citizens. The Judiciary and the Public Defender submitted comments.

This measure allows the disclosure of the name and address of the person, employment address, name and address of any training or educational program attended, and violation of any term or condition of probation.

Your Committee believes that probation officers should have the authority to share information with victims that is clearly necessary for their safety. As has been repeatedly demonstrated in domestic violence situations, an ounce of prevention is worth a pound of cure. All too many serious domestic violence offenders were on probation at the time of their offense.

Your Committee has amended this measure by making technical, nonsubstantive amendments for clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 723, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 723, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN KANNO, Chair