Bill Text: HI SB1176 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hawaii Paroling Authority; Panel Members

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-18 - Act 117, 6/14/2013 (Gov. Msg. No. 1217). [SB1176 Detail]

Download: Hawaii-2013-SB1176-Amended.html

 

 

STAND. COM. REP. NO. 647

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1176

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 1176 entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII PAROLING AUTHORITY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to allow certain individuals who serve on the panel that nominates Hawaii Paroling Authority members to select designees to represent them on the panel.

 

     Your Committee received testimony in support of this measure from the Department of Public Safety and Hawaii Paroling Authority.

 

     Your Committee finds that the Hawaii Paroling Authority nomination panel includes the Chief Justice of the Hawaii Supreme Court, the Director of Public Safety, President of the Bar Association of Hawaii, and President of the Hawaii Chapter of the National Social Workers Association.  The panel is responsible for vetting the list of applicants, conducting interviews, and submitting not less than three names per vacancy for the Governor's consideration.  Your Committee finds that this work averages three to five full days of meetings – a schedule that is often impractical for individuals in high level positions to regularly attend and still complete their existing work responsibilities.  This measure allows the Chief Justice, Director of Public Safety, and Presidents of the Hawaii State Bar Association and Hawaii Chapter of the National Social Workers Association to appoint designees to represent their organizations at these meetings to ensure the timely nomination of new members.

 

     Your Committee finds that in the interest of transparency, certain information should be made available to the public following parole release hearings.  This basic information includes the inmate's name, whether the parole request was granted or denied, and the reason for a denial of a parole request.  However, your Committee notes that this measure is not intended to require confidential information to be made public.

 

     Your Committee further finds that under existing law, there is no set quorum requirement for the Hawaii Paroling Authority.  Your Committee finds that a clear quorum requirement should be codified, with provisions that govern situations in which a conflict of interest arises that requires recusal of an Authority member.

 

     Your Committee has amended this measure by:

 

     (1)  Requiring certain information regarding parole decisions by the Hawaii Paroling Authority to be made public after a parole release hearing;

 

     (2)  Requiring three Hawaii Paroling Authority panel members for quorum, unless there is a recusal due to a conflict of interest, in which case two panel members shall satisfy the quorum requirement; and

 

     (3)  Inserting an effective date of January 1, 2050, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1176, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1176, S.D. 1, and be placed on the calendar for Third Reading.

 


Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

 

 

 

____________________________

WILL ESPERO, Chair

 

 

 

 

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