STAND. COM. REP. NO.332-02
RE: H.B. No. 2132
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 2132 entitled:
"A BILL FOR AN ACT RELATING TO CORRECTIONS,"
begs leave to report as follows:
The purpose of this bill is to promote the successful rehabilitation of female adult and juvenile offenders.
Specifically, this bill:
(1) Requires adult women charged with or convicted of crimes, and juvenile females adjudicated for offenses that would be crimes if committed by an adult or who are adjudicated delinquents, to be provided a range and quality of programming substantially equivalent to the range and quality offered to males;
(2) Requires the Department of Public Safety (DPS) to develop and implement gender-responsive, community-based programs for female offenders;
(3) Requires the Office of Youth Services to develop and implement gender-responsive, community-based programs for female adjudicated youths;
(4) Appropriates funds for gender-responsive, community-based programs for women and female adjudicated youths; and
(5) Requires an annual report to the Legislature.
The Hawaii Commission on the Status of Women, T.J. Mahoney and Associates, the American Civil Liberties Union of Hawaii, the Community Alliance on Prisons, New Hope Christian Fellowship, Life of the Land, and concerned individuals testified in support of the bill. DPS supported the intent of the measure.
Your Committee finds that although DPS and the community are expending great effort to improve services for female offenders, it is also appropriate that the Legislature take a firm stand to support, reinforce, and continue the good work already underway.
Furthermore, your Committee finds that a need for expanded community-based, gender-responsive programming for female adjudicated youths exists. Such programming would provide many benefits to the participants and the community at large and would improve public safety.
Your Committee notes that the Governor vetoed a similar measure last year. In his veto message, the Governor cited several concerns--valid issues that your Committee has considered in drafting this bill. In particular, your Committee believes that the burdensome requirements for inmate litigation and the wide latitude offered to states regarding correctional policy suffice to satisfy concerns about exposure to litigation. Finally, your Committee notes that this measure includes appropriations to address the Governor's concerns with respect to unfunded legislative mandates.
Your Committee has amended the bill by:
(1) Clarifying that the grants-in-aid made by the Director of Public Safety shall be funded via appropriations from the Legislature; and
(2) Making other technical, nonsubstantive amendments for purposes of clarity and style.
As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2132, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2132, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,
NESTOR GARCIA, Chair