1st Hearing of 2014 – 1st CAPWATCH Action Alert!

CAP WATCH ACTION ALERT

cap action alert

LADIES & GENTLEMEN, START YOUR ENGINES…WE ARE OFF TO THE RACES!

2 bills being heard by House Judiciary on
Friday, January 17, 2014
2:00 p.m., Room 325

SB60 SD1         RELATING TO VICTIMS OF CRIMES.

http://www.capitol.hawaii.gov/session2014/bills/SB60_SD1_.htm

Bill of Rights for Victims; Restorative Justice

Requires victims of crimes and surviving immediate family members to be notified of their right to participate in the restorative justice process. Effective on 07/01/50. (SD1)

SEND TESTIMONY TO: http://www.capitol.hawaii.gov/login/login.aspx and put in the bill#
See bottom of post for testimony header.

CAP POSITION: SUPPORT

Talking Points:

Victims should have a voice and the current judicial process leaves many unsatisfied and unheard. Restorative justice is a voluntary program that supports victims and promotes healing.

Research clearly shows that restorative justice interventions are more effective at reducing repeat crime and reducing recidivism than our current mainstream justice systems (Sherman & Strang 2007)

Conclusions from the evidence:

  1. Crime victims who receive restorative justice do better, on average, than victims who do not, across a wide range of outcomes, including post-traumatic stress.
  2. In many tests, offenders who receive restorative justice commit fewer repeat crimes than offenders who do not.
  3. In no large-sample test has restorative justice increased repeat offending compared with criminal justice.
  4. Restorative justice reduces repeat offending more consistently with violent crimes than with less serious crimes.
  5. Diversion from prosecution to restorative justice substantially increases the odds of an offender being brought to justice.
  6. Diversion from prosecution to restorative justice is almost impossible in the UK because of an evidentiary requirement that far exceeds the bar found in other common law nations.
  7. The best evidence on success in implementing restorative justice from tests to date is associated with specially trained police officers providing restorative justice from a base in a police RJ unit.
  8. RJ does not conflict with the rule of law, nor does it depart from the basic paradigm of the common law of crime.
  9. Restorative justice can do as well as, or better than, short prison sentences, as measured by repeat offending.
  10. Restorative justice reduces stated victim desire for violent revenge against offenders.

For a great story of  how restorative justice works…
Radical Compassion: Restorative Justice Program Meets Needs of Both Victims and PerpetratorsA new program allows victims’ forgiveness to play a role in prosecution., AlterNet, By David Belden, January 20, 2013

This is a GOOD BILL from last session. It passed  the Senate unanimously and passed Second reading in the House unanimously. Now it only needs to pass JUD and third reading on the House floor.

HB255 HD1         RELATING TO PUBLIC SAFETY.

http://www.capitol.hawaii.gov/session2014/bills/HB255_HD1_.htm

Requires the department of public safety to establish a three-year medical release pilot project. Effective July 1, 2050. (HB255 HD1)

SEND TESTIMONY TO: http://www.capitol.hawaii.gov/login/login.aspx  and put in the bill#.
See bottom of post for testimony header.

CAP POSITION: SUPPORT INTENT

Talking Points:

  • CAP strongly supports compassionate release, but see no reason for a 3-year pilot.
  • The term “pilot program” usually refers to an “experimental program” or “test program” that is carried

out on a small scale, or on a limited group, cohort, or population, before being implemented on a large scale.

  • We are not talking about a thousand sick and elderly individuals.

Those who have the legitimate medical documentation to be considered for compassionate release should be placed on parole.

  • United Nations Basic Principles for the Treatment of Prisoners

1.   All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.

  • Department of Public Safety Compassionate Release Statistics 2009-2011

37 Compassionate Releases Recommended

22 Compassionate Releases Approved

14 Actual Compassionate Releases

  • A joint report by Human Rights Watch and Families Against Mandatory Minimums

The Answer is No: Too Little Compassionate Release in US Federal PrisonsNovember 30, 2012.

http://www.hrw.org/reports/2012/11/30/answer-no

http://www.hrw.org/sites/default/files/reports/us1112ForUploadSm.pdf

This 128-page report is the first comprehensive examination of how compassionate release in the federal system works. Congress authorized compassionate release because it realized that changed circumstances  could make continued imprisonment senseless and inhumane, Human Rights Watch and FAMM said.

  • We don’t need a pilot program, we need to fix the broken system!

Header for Friday’s Judiciary Bills:
COMMITTEE ON JUDICIARY
Rep. Karl Rhoads, Chair
Rep. Sharon Har, Vice Chair
Friday, January 17, 2014
2:00 p.m.
Room 325
BILL #:
POSITION: (SUPPORT, SUPPORT INTENT, OR OPPOSE)

Contact Kat Brady, CAP Coordinator, if you have any problems submitting testimony and she will walk you through the process (kat.caphi@gmail.com).

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