Conferees work
on crime bills

Tougher penalties and a new prison
are among measures
on the agenda

By Jim Witty
Star-Bulletin

Sex, drugs and truth in sentencing: There's more going on at the state Capitol than the debate over same-gender marriage as House and Senate conferees begin crime-related talks this afternoon.

Lawmakers are mulling tougher fines for prostitution, mandatory prison terms for felons, a zero-tolerance policy for youths caught drinking and driving, and new penalties for manufacturing ice. And they're looking at creating more prison space to house the influx of perpetrators generated by the no-nonsense approach.

Other crime bills include a measure providing for the release of information on sex offenders, a prohibition against expunging criminal domestic violence records and a bill that would allow public access to legal records of juveniles tried for serious crimes.

"I think the philosophies (of the conferees) are very similar," said House Judiciary Chairman Terrance Tom. "We want to ensure public safety first ... We don't just say the right things, we want to do the right things. We want to make sure that along with the tough laws we have the resources to fund the tough laws. We've tried to take a more responsible approach."

Said Senate Judiciary Co-Chairman Matt Matsunaga: "We believe that the people of Hawaii deserve a criminal justice system in which criminals are caught, the guilty are convicted and the convicted serve the time."

Still, the two sides have taken different tacks on major issues:

Truth in sentencing: The House position would require all felons convicted of a violent crime to serve at least 85 percent of their prison sentences. The truth-in-sentencing provision would apply to property crimes in the year 2000, allowing time for a 1,500-bed prison facility to be built on the Big Island. The Senate version of the measure would affect all convicted felons, including those convicted of property crimes.

Controlled substances: The draft that moved out of the Senate Judiciary Committee would allow ephedrine -- the active ingredient in ma huang -- to continue to be sold over the counter, and restricts GHB to research purposes only and Rohypnol as a prescription drug. Both GHB and Rohypnol have gained notoriety as "date rape" drugs. The House has opted to impose strict, statewide restrictions by making ephedrine a prescription drug but allowing the over-the-counter sale of a dozen or so ephedrine-containing bronchodilators. But the House draft stipulates that anything else with ephedrine, including herbal ma huang, could be obtained only with a prescription.

Prostitution: The Senate draft would raise the prostitution penalty statewide from $500 to $750 for a first offense, but the Judiciary Committee has backed off mandatory 48-hour jail sentences for street solicitation. The House version would impose a mandatory minimum jail term of 30 days and prohibit bail pending appeal for those convicted of soliciting prostitution on the streets of Waikiki.

Drug manufacturing: Both chambers aim to make the manufacture of crystal methamphetamine a crime carrying a mandatory 10-year and maximum 20-year sentence. While the Senate bill also called for a mandatory 10-year minimum prison sentence for possession or distribution of "ice" to minors, the House Judiciary Committee prefers to focus strictly on manufacturing, now unregulated.

Sex-offender notification: The Senate draft provides for the release of information on sex offenders and the taking of blood samples from certain sexual abusers of minors to develop DNA profiles. Differences between the chambers center on penalties for failing to notify authorities regarding a change of address (the Senate version makes it a felony; the House a misdemeanor) and the definition of a sex offender to be included in the notification law.