Hawaii-2015-HR93-Introduced

WHEREAS, the Hawaii Penal Code, first enacted in 1972, has not been comprehensively updated since Act 314, Session Laws of Hawaii 1986, to ensure that grades of offenses warrant the level of culpability so that sentences are appropriate and proportionate to the nature of the crime; and

WHEREAS, the Hawaii Penal Code has been amended in a piecemeal manner over the past several decades without paying attention to whether the dollar values that set threshold levels for various offenses and for restitution are appropriate and proportionate to other sentences imposed for criminal offenses; and

WHEREAS, research by the Justice Policy Institute has indicated that the current criminal justice system has a disparate impact on low-income residents, particularly Native Hawaiians, and is not a cost-effective approach to deterring crime, reducing recidivism, or providing restitution; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, that the Judicial Council, established pursuant to section 601-4, Hawaii Revised Statutes, is requested to appoint a committee to review the Hawaii Penal Code and recommend to the Legislature revisions to the Code that it concludes will help ensure that sentences are fair and proportionate to the crime committed with particular attention paid to Hawaii Penal Code sections that base culpability on dollar amounts; and
BE IT FURTHER RESOLVED that the members of the committee shall include:

(1) A representative from the Judiciary;

(2) A member of the Senate Committee on Judiciary and Labor;

(3) A member of the House of Representatives Committee on Judiciary;

(4) The Attorney General, or the Attorney General's designee;

(5) The prosecuting attorneys of each of the counties, or their designees;

(6) A representative from the Office of the Public Defender;

(7) A representative from the police department of each county;

(8) Public or private economists;

(9) Psychologists or social workers;

(10) A representative from the Office of Hawaiian Affairs;

(11) Private citizens interested in criminal law and civil liberties;

(12) Hawaii attorneys in private practice who handle criminal cases;

(13) A representative from the Intake Services Center Division of the Corrections Division of the Department of Public Safety;

(14) A representative from a prisoner advocacy group; and

(15) A representative from a victim advocacy group;

provided that the committee shall include at least one member from each county; and

BE IT FURTHER RESOLVED that the committee shall recommend updates to the Hawaii Penal Code by:

(1) Reviewing The American Law Institute Model Penal Code, including recent proposals; the criminal codes of other states; and other criminal law resources;

(2) Assessing the application of the principles of the "Justice Reinvestment in Hawaii: Analyses & Policy Options" report (August 2014) by the Council of State Governments Justice Center to code sections in which culpability is linked to a dollar value; and

(3) Analyzing whether grades and punishment are appropriate and proportionate to other sentences imposed for criminal or civil offenses and are cost-effective in deterring crime, reducing recidivism, and providing restitution to victims in a manner that provides equal justice and punishment regardless of socioeconomic class or ethnicity; and

BE IT FURTHER RESOLVED that the committee may accept grants, gifts, and other appropriations of funds to defray the costs of its work; and

BE IT FURTHER RESOLVED that the Judicial Council may request the Legislative Reference Bureau to assist the committee with research and reporting assistance, as needed; and

BE IT FURTHER RESOLVED that the Judicial Council is encouraged to use, to the greatest extent possible, the faculty and students of the University of Hawaii William S. Richardson School of Law in performing its work; and

BE IT FURTHER RESOLVED that the members of the committee serve without compensation; provided that members of the committee may be reimbursed for the costs of mileage, parking, and transportation from the Neighbor Islands; and

BE IT FURTHER RESOLVED that no member of the committee shall be made subject to Chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the committee; and

BE IT FURTHER RESOLVED that the Judicial Council is requested to submit its findings and recommendations, including any proposed legislation, to the Governor and Legislature no later than 20 days prior to the convening of the Regular Session of 2016; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Acting Director of the Legislative Reference Bureau, Attorney General, Director of Public Safety, State Public Defender, prosecuting attorneys of each of the counties, and police chiefs of each of the counties.

	OFFERED BY:	_____________________________

Report Title:

Penal Code Review; Judicial Council Review Committee

HOUSE OF REPRESENTATIVES	H.R. NO.	93
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII