Prison overcrowding continues to be the primary challenge for the Department of Public Safety. According to statistics from the Department, as of December 14, 1997, the total number of inmates reached 4,082 within a system that has an operational capacity of 2,912 inmates. Thus, the prison system is operating at an average of 140 percent of its capacity; which compromises public safety due to the early release of inmates required under the federal consent decree (Spear vs. Cayetano) that regulates prison population limits. To alleviate this ongoing problem, HB 3033, CD1 provides alternatives for the construction of a new state correctional facility, either through negotiated agreements with a private developer using state lands or through a lease-purchase agreement for the construction and operation of a private facility. Regardless of the type of negotiated agreement, the Department of Public Safety is also required to include a community partnership process as part of the construction or lease-purchase agreement. In addition, Act 8-98, authorizes emergency funding to transfer an additional 300 Hawaii inmates to out-of-state correctional facilities.

Substance Abuse Treatment and Dangerous Drugs

The Hawaii Paroling Authority estimates that 80 percent of parolees have a history of substance abuse. With such a high correlation between crime and drug use, one of the long-term solutions to prison overcrowding is to treat substance abuse problems of our inmates, in order to reduce the recidivism rate. Recent research complied by Rutgers University for the President’s Commission on Model State Drug Laws, shows that mandatory treatment of inmates or "coerced criminally involved clients do as well, if not better, than voluntary clients." Thus, HB 2843, CD1 was passed to establish mandatory substance abuse assessment and treatment for incarcerated repeat offenders, contingent upon the receipt of funding to be sought by the Department of Public Safety and the Department of Health.

In an effort to keep dangerous drugs off the street in Hawaii, last year the Legislature established an aggressive policy for penalizing the manufacture, sale, and distribution of dangerous drugs by passing Act 319-97. This measure establishes the offense of manufacturing a dangerous drug as a Class A felony and provides a mandatory minimum sentence for the manufacture of crystal methamphetamine, "ice", and for the distribution of "ice" to minors.

Prostitution

The long-standing history of prostitution in Hawaii proves that it is a complex problem that will not be easily solved. The Legislature recognizes that the revitalization of our economy is of utmost importance, and one of the components to the success of the revitalization plan is to strengthen the perception of Hawaii as a safe and desirable tourist destination. Due to the adverse effects of prostitution upon our visitor industry and community, such as property crimes involving prostitutes, substance abuse, and physical and sexual abuse of prostitutes and their children, the Legislature adopted an integrated criminal and human service approach. First, HB 2381, CD1 creates a new crime of street solicitation within the Waikiki district, but allows the county to pass a stricter ordinance which would supersede the state law. Further, this measure allows the court to impose geographic restrictions upon offenders as a condition of their bail and as a condition of probation in lieu of mandatory imprisonment. A second measure, HB 2932, CD1, allows businesses or citizens to seek injunctions against individuals, such as prostitutes or their pimps, that would bar their presence in certain places if the court finds that they are causing a nuisance in any public or private place. Finally, recognizing that individuals involved in prostitution are often coerced, SB 2254, CD1, establishes a prostitution intervention program as a condition of probation for convicted prostitutes who may receive educational and employment training to assist and encourage them to leave the sex industry.

Minors

Alcohol abuse among minors is a known threat affecting the health of our youth and the public safety on Hawaii’s roads by putting other drivers at-risk of serious injury or death from accidents. Act 102-97 was passed last year to establish a "zero tolerance" policy regarding alcohol consumption by persons under age twenty-one who drive under the influence. This law imposes strict penalties including license revocation and substance abuse assessment and treatment.

Tobacco and cigarette addiction is a significant problem plaguing the Hawaii's youth. It kills more Americans than AIDS, crack, heroin, cocaine, alcohol, car accidents, fire and murder combined and it is well-known that 90 percent of smokers start before the age of 18. With the number of young smokers increasing, HB 2846, CD1 appropriately increases the fines for selling tobacco products to minors from $100 to $500 for the first time offense, and from $1,000 to $2,000 for any subsequent offenses.

Among children under the age of four, riding in a car without a child passenger restraint is a major risk factor in injuries and deaths resulting from motor vehicle accidents. According to a study released in May 1997 by the Department of Transportation, the overall rate of observed use of child passenger restraint systems on Oahu was 31 percent, less than half the national average of 65 percent. When child passenger restraint systems are correctly installed and used, the risk of child death from motor vehicle crashes is reduced by 69 percent for infants and by 47 percent for toddlers. Therefore, Act 81-98 was passed to require violators of the child passenger restraint law to attend a child passenger safety class not to exceed four hours, and to require violators to pay a $50 driver education assessment fee.

The repetitive and retaliatory nature of domestic violence requires strengthening our existing laws by making temporary restraining orders (TROs) more effective and easier to obtain and holding perpetrators more accountable for their acts of abuse. Last year, Act 321 and Act 25 were passed to prohibit persons convicted of physically abusing a family or household member from having records of such abuse expunged and to prohibit the "informal adjustment" of domestic violence cases in family court. The 1998 Legislature continued with more comprehensive reform by passing HB 2666, CD1 which: establishes a felony offense of domestic violence after two misdemeanor convictions; imposes mandatory fines upon offenders to be used for victims services; includes persons with a child in common in the definition of family and household member; repeals the use of deferred pleas for violations of chapter 586 orders; removes "recent" from the law governing the police issuance of twenty-four hour warnings; and allows the court to sentence a person convicted of a domestic violence misdemeanor to a period of probation of two years.

Sex Assault

Sexual assault offenses, particularly those involving the use of physical violence, violence against children, and repeat sexual offenses, present an extreme threat to the public. Two measures which were passed last year are intended to inform the community of sex offenders and punish repeat offenders. Given the often repetitive and increasing numbers of sex offenses, public safety demands that convicted sex offenders register with law enforcement by providing identifying information, including residential and employment addresses and telephone numbers. In accordance with federal requirements known as "Megan’s Laws", the Legislature passed Act 316-97 to create more stringent registration requirements for sex offenders and provides protection to the public by ensuring the release of relevant information concerning the presence of sex offenders in the community. To further ensure the safety of our children, Act 379-97 was passed last year to create a new offense of continuous sexual assault of a minor, which will allow prosecutors to charge offenders who have assaulted minors on more than one occasion with a more serious felony offense than existing child abuse laws, and thus will allow for more stringent sentences for those convicted of this offense.

The 1998 Legislature further addressed sex assault by passing SB 1273, CD1. This bill permits victims of sexual assault to require that the person convicted of assaulting them be tested for the HIV virus, and allows the results of the HIV test to be confidentially provided to the victim.

Hawaii ranks 42^nd among the fifty states for violent crime; however, it also ranks as the third highest state per capita in property crime. The effects of crime on our most vulnerable populations, the elderly and visitors, is particularly unacceptable and threatens Hawaii’s economic well being. Act 68-89 was passed to amend the first degree robbery statute to include "knowingly" as a state of mind to show culpability of offender when serious bodily injury results in the course of a theft..

Acknowledging responsibility for criminal behavior is a key step in providing restorative justice to crime victims. The Criminal Injury Compensation Fund gives the criminal offender a chance to take responsibility for their offenses through monetary reimbursement to the victim, and gives the victim a monetary foundation to begin to rebuild their lives. This year SB 2966, CD1 was passed establishing a schedule of compensation fees to be paid by the offenders and the funds generated from these fees will be used for crime victim compensation payments and operating costs.

Often times criminal cases can cross the jurisdiction of both Family and Circuit Courts causing much distress to victims who must appear in both courts to recant the details of an unpleasant and sometimes horrifying incident. To reduce the trauma to victims, SB 2697, HD1 was passed to allow the consolidation of cases prosecuted under the Family and Circuit Courts so that victims are not subjected to two separate trials.

Elections

For several years there has been ongoing debate as to whether a "public" campaign fund would perpetuate "clean" campaigns and reduce the influence of special interests who provide monetary donations to support the campaigns of public officials. SB 2399, CD1 establishes a pilot clean elections program and requests a study of the viability of public financing for state elections held in the years 2002 and 2004. The pilot program provides that candidates who agree to forego private campaign contributions will adhere to strict spending limits; and thereby will qualify to receive a set and competitive amount of campaign financing from a public fund to run their campaigns. The campaign spending commission, in conjunction with other relevant stakeholders, will conduct a comprehensive study of the campaign financing system in Hawaii and submit an interim report to the legislature in 1999 and a final report in 2000.

In response requests for a Constitutional Convention by some members of the community, the Legislature agreed to pass HB 3130, SD1, which will put the question of whether to hold a Constitutional Convention on the 1998 electoral ballot.

Civil Liability

In addition to criminal accountability to victims, the question of criminal history accountability to future employers has risen in discussion of employment practices. Two bills attempt to address these concerns, HB 3528, CD1 allows employers to inquire about and consider an individual’s criminal conviction records with regards to hiring, terminating, or the terms, conditions, or privileges of employment, and HB 3257, CD1 authorizes the counties to establish procedures to conduct criminal history record checks of its employees. The bill does specify that the counties shall not secure criminal history record checks on persons who have been employed continuously on a salaried basis prior to June 1, 1998.

In a related employment practices matter, debate has focussed on what information can be disclosed by a former employer about a person’s work performance, which may cause the employer to be the target of civil lawsuits if any negative information is disclosed while providing a job reference. Due to this inherent risk, employers have been increasingly reluctant to or have often been forced not to disclose pertinent information to future employers. SB 3088, CD1 provides a measure of protection for employers who, in food faith, provide candid information about former employees to prospective employers.

Charitable Trusts

In order to address widespread community concern about the level of compensation of trustees of charitable trusts, the Legislature passed HB 2362, SD1. This measure will establish in law that trustee compensation must be a "reasonable" amount, subject to a review by the probate court.

Same-Sex Marriage

During the 1997 Legislature the lengthy debate over same-sex marriage was resolved with the passage of two measures. HB 117, CD1 proposes an amendment to the Hawaii constitution which will allow the voters to decide whether to reserve marriage to opposite-sex couples. Further, Act 383, establishes reciprocal beneficiary relationship status and allows two persons who are otherwise prohibited by law from marrying to receive limited governmental rights and benefits.

Animals

A pet can be a very important part of a family. Animal rights groups have long fought for fair and humane treatment of animals. HB 2667, CD1 makes it cruelty to animals to deprive a pet animal of necessary sustenance or to cause such deprivation and defines the terms.

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