STAND. COM. REP. NO.
Honolulu, Hawaii
APR 0 3 2024
RE: S.R. No. 189
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.R.
No. 189 entitled:
"SENATE RESOLUTION REQUESTING THE OFFICE OF THE
ADMINISTRATIVE DIRECTOR OF THE COURTS TO COLLECT, COMPILE,
AND SHARE DATA ON THE ASSESSMENT OF FEES, COURT COSTS, FINES,
AND RESTITUTION IN CASES AGAINST MINORS,"
begs leave to report as follows:
The purpose and intent of this measure is to request the
Office of the Administrative Director of the Courts to collect,
compile, and share data on the assessment of fees, court costs,
fines, and restitution in cases against minors.
Your Committee received testimony in support of this measure
from the Crime Victim Compensation Commission, ACLU of Hawai‘i,
Policy Advocacy Clinic at Berkley Law, and Hawai‘i Friends of
Restorative Justice.
Your Committee finds that charging fees, fines, costs, and
restitution to youth can be harmful to young people and their
families while disproportionately impacting Native Hawaiian,
Pacific Islander, and Black youth. Your Committee further finds
that more than sixteen states in the United States have eliminated
or prohibited the imposition of fees or fines, or both, on young
people and their families. Your Committee believes that current
data is necessary to better understand the statewide and county-
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STAND. COM. REP. NO.
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specific imposition and impact of fees, court costs, fines, and
restitution on young people and their families in the State. This
measure will allow the State to better understand how to improve
the criminal justice system and increase fairness statewide.
Your Committee has amended this measure by:
(1) Updating and clarifying data, research, and sources
referenced in the findings;
(2) Specifying that current data is needed to better
understand the statewide and county-specific imposition
and impact of fees, court costs, fines, and restitution
on young people and their families in the State;
(3) Inserting language requesting the data collected,
compiled, and shared by the Office of the Administrative
Director of the Courts to be provided as a statewide
a-99^egate and by court circuit;
(4) Inserting language requesting the Office of the
Administrative Director of the Courts to report to the
Legislature no later than forty days prior to the
convening of the Regular Session of 2025, instead of
twenty days, post the Office's report on the Judiciary's
public website, and provide a copy of the report to the
Judicial Council;
(5) Inserting language requesting the Judicial Council to
consult the report during the next Penal Code review;
and
(6) Making technical, nonsubstantive amendments for the
purposes of clarity and consistency.
As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee concurs with the intent and purpose of S.R. No. 189, as
amended herein, and recommends its adoption in the form attached
hereto as S.R. No. 189, S.D. 1.
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STAND. COM. REP. NO.
Page 3
Respectfully submitted on
behalf of the members of the
Committee on Judiciary,
KARL RHOADS, Chair
2024-2452 SR SSCR SMA-l.docx
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The Senate
Thirty-Second Legislature
State of Hawaii
Record of Votes
Committee on Judiciary
JDC
Bill / Resolution No.:* Committee Referral: Date:
otloc (2*1
l%«l dPO
__ The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to: ________________________________________
The Recommendation is:
__ Pass, unamended t/^Pass, with amendments __ Hold Recommit
2312 2311_________________ 2310 2313
Members Aye Aye (WR) Nay Excused
RHOADS, Karl (C)
GABBARD, Mike (VC)
ELEFANTE, Brandon J.C.
SAN BUENAVENTURA, Joy A.
AWA, Brenton
TOTAL •------
Recommendation:
Adopted __ Not Adopted
-Distribution: Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 11/30/22