Senate Standing Committee on Agriculture and Environment

Welcome, everyone, to the Judiciary Committee hearing this Wednesday morning. We have a 9:45 agenda with a couple of bills on it. We do have a two minute time limit if you're testifying either in person or on Zoom. And if we have a catastrophic technical failure, we'll try again tomorrow at 10:05 in this room.

So that'll be March 20 in 016 at 10:05. Hopefully that will not happen. First up on HB 400. I'm sorry, first. The first bill up is HB 400, which is the Judiciary's budget. First on HB 400 is Brandon Kimura for the Judiciary. Good morning.

Good morning, Chair Rhoads, Vice Chair Gabbard, members of the committee who may be viewing online, Brandon Kimura, Director of the Judiciary's Policy and Planning Department, here to testify in strong support of HB 400, the judiciary's biennium budget.

With me today are the Administrative Director of the Courts, Rod Miley, Deputy Administrative Director of the Courts, Daylen Heather, and other members of the Judiciary's Administration from across the state.

And in total, the Judiciary's request operating funds of 6.17 million in FY26, 6.25 million in FY27, 17 permanent positions, one temporary position which is an increase of less than 3% of our FY25 operating budget. We further request 11.9 million for capital improvements. Happy to answer further questions on the details of our budget.

Like to step back for a moment briefly on the context of our budget requests. As chair, members of the committee are familiar, the Judiciary's budget requests are deliberately focused on what we need to maintain and enhance our critical services, restore functionality and operations for critical services.

Due to defunding of several positions years ago and evolving needs and operations since the pandemic, we assume a steady base, which we realize at this point, several months after our budget requests are finalized and submitted is something that we're very focused on.

We're closely monitoring the funding situation nationally and locally, continuing to take any measures to maintain our operations and to focus on funding. And to that end, we're, you know, respectfully request that the Judiciary's budget remain intact as a base. And we respectfully request the additions in our requests that are very, we believe are very focused.

We're happy to answer any questions the chair committee members may have.

Thank you. Thank you very much. Next up is Judge Kim for Judiciary. Good morning.

Good morning, Chair Rhoads, Vice Chair Gabbard.

We're in capable hands with Brandon Kimura and he's presented his the case for the judiciary, the third branch of government. I'm here for the second bill, but since I was here, I just wanted to comment. In the budget for the Big island, we have 4 million for the design for the new Waimea Courthouse.

And also we're seeking a second district court judge. And I'll stand on my testimony. I would just say that in these times, it's really important to support the judiciary and its mission. They're the last stop for democracy. We really need your help. The budget is tailored, it's not excessive. But we understand that you have fiscal constraints.

But please consider the third branch of government and its operation. I can answer any questions. Thank you.

Thank you. Next is Kitayashi for Department of Education, in support. Rachel Figueroa for Volunteer Legal Services, Hawaii, also in support. Sandy Ma for Legal. Excuse me, the Legal Clinic. Oh, you're okay. Good morning. You're not Sandy Ma, but if you'd like to speak on behalf of the Legal Clinic, that's fine. Go ahead.

Yes. Aloha, chair, vice chair, members of the committee, Liza Ryan Gill. I'm a board member for the Legal Clinic, but speaking on behalf of Sandy Ma and Dr. Agbayani in support of, in support of- of this budget bill.

And TLC is a current grantee under the Judiciary Civil Legal Service Fund and in that role provides critical access to pro bon legal services for low income immigrants across Hawaii. And we are facing an increased need at this point in time. We're.

We are thinking that it might be up to 10 times as many folks that are in proceedings and we'd like to make sure that we have the staff and the ability to bring on new attorneys coming out of Richardson to make sure that we can meet the need as it's growing.

Yeah. Thank you. Next is Martin Murakami, Hawaii State Bar Association. In support. Sanhai Government Strategies. Also in support. David Keith Kaua Copper for Legal Aid Society of Hawaii on Zoom. Yes. There you are. Good morning.

Good morning. Thank you, Chair Rhoads. Thank you. Vice Chair Gabbard. David Copper, Executive Director of Legal Aid. We stand in strong support of this bill. Just want to say real quick, mahalo to this committee for your support for Legal Services.

Also mahalo to the judiciary for all their good work during these times, including supporting our legal service providers during this time of increased need. We do support their general budget priorities, of course, as well as the Civil Legal Services line item.

And of course, as support and funding for that line item should not come at the expense of the judiciary's budget priorities as we appreciate them being the home for this important funding. So thank you to them and of course, thank you to this committee for your time. Mahalo.

Thank you. Next up is Joseph E. Cardoza in support. That's everybody who signed up on HB 400. Would anyone else, anyone else like to testify in HB 400? See none. Members, questions? Okay, we'll go ahead and move on to the next bill, HB 727. This establishes a temporary three year women's court pilot program within the 2nd and 5th districts.

Requires a 3rd Circuit and big Island Drug court to conduct an interim study to establish a Blueprint for a women's court pilot program in the third circuit. First up on 727 is Judge Kim. Morning again.

Good morning, Chair Rhodes. Vice Chair Gabbard. Women's Court is a program that is special. The needs of women are special. The Honolulu or Oahu Drug Court program has been very successful. This Bill was introduced by the House Women's Caucus and they're trying to get it to the Outer Islands.

As I stated in the testimony, 2nd and 5th Circuit are not ready to start such a project. When we first met, there was a question by the Senator from Puna who indicated, do we want to have a study or can you get together the numbers? Can you see if this program can work?

We put our heads together, MacGyver-style, and we came back and we worked through the numbers and the like, worked with the introducers of the Bill, and we came up with the program, which is attached to my testimony. I realize that there are possible financial constraints. However, we're ready to do it if you are.

We brought some team Members here to testify as a judge in the circuit court. As chief judge, I saw many women appear before us on the Big Island.

And unless we address the special issues of women who are traumatized, who suffer things like abuse, rape, incest, all of those things, you're never going to have a successful program to help them. It'll be difficult because there's an underlying problem that only women face. And I saw it as a judge.

And I really think that whenever we can save a life and put them back together, heal the harm that has been done to them, we've accomplished so much because it's like a pebble in. In a pond. It affects their children and the like. Thank you. I can answer any questions.

Next up is behavior Behavioral Health Administration, State of Hawaii.

Good morning. My name is Dr. Keith Pedro and I'm with the Department of Health. We stand in our written Testimony. And we in support of the Bill.

Okay, thank you. Next is Haley Chang for the office public defender. In support. Next is Hawaii State Council on Mental Health, also in support. Maui prosecutors prosecuting attorney, in support. Farrah Maria Gomes for the Hawaii County Committee on the Status of Women, both in support. Keljan Walton, the Maui prosecuting attorney, also in support.

Alan Johnson for HSAC Hawaii Substance Abuse Coalition, in support, Kori Weinberger for West Hawaii Bar Association. Good morning.

Good morning. My name is Corey Weinberger. I'm the Vice President of the West Hawaii Bar Association. I'm also a former prosecutor, and during my time as a prosecutor, I was assigned to the Kona Drug Court team. So I've seen firsthand the effectiveness of the treat treatment court model.

And I just wanted to be here today to fully support the 3rd Circuit's proposal for Kona Women's Court program. I also know from personal experience and from my time as a prosecutor how desperately we need mental health services on the Big Island. Speaking candidly, I'm a woman.

I have a history of trauma, and I have a history of mental health challenges myself. I'm lucky I'm an attorney. I have good insurance, good benefits. But even at that, I was unable, and I have been unable to find a provider on my own island. My current provider is on Oahu.

I want to emphasize how important it is for us to develop these services. The Kona Women Support Program, as I understand it it's been proposed, would help the most at risk women in our community who. You know, I can't even imagine the challenges that they face right now. If I'm facing the kind of challenges I have faced.

You know, I can't imagine how difficult it is for women who are caught up in the criminal justice system. So just wanted to be here today to support this program.

I know that the treatment court model works, and I know that any modification to this Bill that would allow the Kona Women's Court proposal to get off the ground would be an amazing benefit to our community. Thank you very much for your time.

Thank you. Next up, we have Colleen Rose Bannock in support. Carla Allison in support. Genesis L. Kapoor in support. Rachel Thompson in support. Nicole Haslett in support. Emily Ovian-Kwiat in support. I'm sorry for butchering your name. How do you pronounce it? Good morning.

Good morning.

Thank you for the opportunity to be here. My name is Emily Ovian-Kwiat. I'm a probation officer with Big Island Drug Court, in Kona. And I predominantly supervise women. And over the course of my time in drug court, I've got to know their unique issues very well. And a lot of them do suffer from unspeakable trauma.

And as was stated, we have a lack of resources on our island specifically for mental health and also to address criminal thinking. But rather than incarcerating these women and re-traumatizing them, I think we really need to focus on rehabilitating them and addressing their underlying trauma so they can be successful women in our community.

So I'm in support of HB 737. I'll be here to answer any questions that anyone has.

Thank you. Next is Catherine Knesset may in support. Andy Losalio also in support. Barbara's service, in support. That's everybody who signed up for HB 727. Would anyone else like to testify. Sure. Come on up. Good morning.

Good morning. Hello, my name is Colette Asia. I am a former graduate of drug court and I've been through the domestic violence. I've been through molestation. I've been through everything you can think of. I just lost my mom when I went into drug court grieving, you know, drug court has saved my life. So I support them 100.

I wish they had what they are trying to do now. You know, having just a woman's thing because it was pretty hard for me to deal with my issues with having men in our room, in our drug court room, you cannot really express yourself and you gotta like, hold things in because of embarrassment.

But, you know, drug court has given me the opportunity to live a normal life. I have my kids back. I went to college. They supported me through everything. My mental health. I didn't wake up what you know and say, I want to be a drug addict. No, I didn't.

But it was the way generational curses, you know, things happen. And the only way I knew was my parents were addicts. So I mutilated with getting high, you know, and drug court has taught me a new way to live. Today I, UH Mānoa mentor for women. I went to college.

I have my grandkids and my family back in my life cannot thank them enough. So whatever, you know, they're doing, I'm just living testimony that it works. And that's all I got to say. Thank you.

Thank you very much. Anyone else like to testify in HB 727. Sure. Come on up. Good morning.

Good morning. Kat Brady testifying in strong support for Community alliance on Prisons. I did send in testimony. but, no problem. I have to run because I'm going upstairs to another hearing. But I am firmly in support of this. Judge Kim has been amazing explaining the resource gap on the Big Island. So I hope that we can fill that. Thank you.

Thank you very much. Anyone else like to testify in HB 727. Seeing none. Vice Chair, any questions.

Yeah, for judge Kim. Yes, Judge, I like your analogy of the pebble and the water and the waves that are affect people, but what - how will the pilot program cater its approach to address the unique challenges that are faced by women.

I'm glad you asked that question. I brought Grayson Hashida, who is the coordinator for drug court. He's the one helped put together that whole package. The team Grayson, if he could address the issue, please.

Morning, Chair. Good morning, Vice Chair. Yeah, this is really an interesting opportunity because right now with a lot of our substance abuse treatment and the treatment capacity we have in our community.

Can you just pull the mic for you a little farther.

You know, treatment capacity in our community, it's pretty amazing to see the progress. But it's also a challenge because the mental health side of things is quite. The deficiency is quite obvious.

And so with a mental health professional with mental health, behavioral health beds and some of the other things that we're proposing in our proposal, I think it'll fill a much needed gap and kind of tie into what's currently working right now for us.

Okay, thank you.

Thank you.

Thanks. I guess I think you did too, the right to ask this question. So in terms of rehabilitation, I mean, is anybody tried to calculate how much it costs. If I mean, real rehabilitation itself costs money or cost resources, but has anybody tried to figure out how much the.

If you don't rehabilitate somebody, how much that costs?

I don't, at least not on the Third Circuit. But you know, let's, let's just do it anecdotally. Person goes in, can't stay off drugs. Underlying problem of abuse or trauma as a child, trying to kill the pain with drugs. Fails probation, fails drug court, goes to prison. Sometimes, you know, you get caught with a certain amount.

It's a 10 year sentence. How much does that cost. And does that help. And I think that's really the cost when you go to prison, does that really help? And the answer is no. Recidivism, what did they get, what treatment, the underlying problem is still there.

I once had a gentleman, if I could just digress for a second, he was finally ready to go to treatment, and he was going to prison. And I said, what's up to you. He says, I want to go, I want to go to a serious program. We sent him to a serious program. He got out.

He was clean. He was on Oahu. He died at the bus stop because he overdosed on fentanyl. What is the cost of that. And so, you know, I'm sure there is a cost, but I'm just trying to indicate to you that this is a program that'll save lives.

And we're hoping, you know, that we can at least start it. But again, I understand your fiscal constraints, but we have to make the hard decisions. Right.

Okay, thanks. On a different tangent, the bills written, don't believe that it has, it doesn't put this, this proposed new program under the drug court. Correct.

It will be part of the drug court, but it'll be a subspecialty court.

But in terms of this, the actual language in this Bill, that's not where it is right now, or is it?

Well, it's going to be called. Well, it's. I'm not sure of the question.

So under the current, as we're considering it today, that still includes the 2nd and 5th circuits.

That's correct.

It's not, none of that program was not ever considered as the possibility of putting it under a drug court on any of any of those circuits.

No, I think the, I don't want to speak for the 2nd and 5th Circuit, however, in speaking to my counterparts there, because of the lack of judges to run it, there's vacancies and the like. They're not ready to do it.

Yeah, no, no, I understand that. No, I'm just trying to figure out whether this, whether this idea of having a women's court under a drug court had been considered anywhere else and whether it's in the current language of the Bill. I don't see it.

But, no, that it wasn't because, and remember, going back, Oahu was able to have a standalone court because you have all of the, everything here. We don't have that. If we were to try to have a standalone court, it would cost too much. We'd have to bring in people.

We're trying to get it done MacGyver-style by putting it together and getting it on the ground, starting to get women in.

So in terms of the Third Circuit, though, we're talking, we're talking about The Kona. The Kona district, I guess, or division. That's what it's called, Technically, I guess. Yes. What about Hilo, are you responsible for. It's all the third circuit. Are you responsible for Hilo as well?

Yes, the whole island. Okay. Including Waimea.

So in terms of what the next step would be, is it possible that the logical next step would be to expand. You know, assuming this goes, this happens, you run it for a couple years, and it works. I would be surprised if it didn't.

But would the next logical step be to expand it to Hilo, or do you think it would make more sense to go to a different circuit?

Yes, we would want to expand it to Hilo, but I think Grayson can answer how we plan to implement the Kona women's court and how we can help Hilo.

So you think it would help the Helo side as well.

There is a little bit of possible carryover that we can help benefit because we are on an island. However, it's the ideal situation. Like what you're saying is the long term goal, I guess the medium term goal is to expand to Hilo. That would be the ideal situation. It's such.

It's kind of far away for services to be delivered.

Yeah.

Okay. Any other questions. Yeah, go ahead. In terms of counseling for those women who want spiritual counseling, for example, are there pastors, priests, rabbis, imams available to them.

Yeah, actually, in our drug court, currently, it's an option. We call it sober support. And so traditionally, things like Narcotics Anonymous and Alcoholics Anonymous is, I would say, the primary option.

However, we've had some participants say, I want to go to my church, I want to go to my spiritual advisor, and I want to get help and sober support from. From that angle. And that's totally great and allowable and a good thing.

One of the nice things about drug court is that we're moving forward with best practices where we tailor recovery and support to whatever that person wants and is most effective for that person instead of imposing what we think is going to work. So we're excited about that and expanding upon that, too.

Not just spirituality, but a lot of different things in the community that are already going on. Thank you.

Thank you. Okay, so that's all the questions we have.

We don't have quorum at the moment, so I think what we'll do is just recess this agenda until we have quorum, and then, if you don't mind, Vice Chair, I know that you're the lead on the next one will break and vote on those two and let everybody go if they're gonna. If they want to.

If they decide to stay around to see how the vote goes. But we can switch over to your agenda if that's okay. So I don't know. I guess we got someone else that's tech. We're just gonna roll right into the 10 o' clock which is the AEN slash JDC agenda.

Okay.

Okay. Thank you. All yours, Chair.

Okay, let's see. So, yeah, this is the Joint Agriculture Environment Committee and Judiciary.

But I think we're fine.

And one measure that we have is HB 1449 HD2 relating to plant care components. Authorizing the Department of Agriculture to adopt rules related to the Plant Care Component Program. Prohibits distributing plant care components that originated outside the state unless it was subjected to treatment before arrival.

Establishes administrative penalties to enforce the Plant Care Component Program and appropriates funds and establishes positions for purposes of the plant Care component program. And testifying first we have Department of Agriculture. They hear they're probably scurrying on their way down here. Also Brian Miyamoto from the Hawaii Farm. Bureau. Both in support.

Anyone else wishing to testify on HB 1449 and we don't have form either. We need one more for adn. So.

All right. So I guess we'll just recess. Yes, we'll just recess now and.

Going back in for the decision making on the two bills on the 945 agenda. First up was HB 400. This appropriate function of the judiciary. Our recommendation here is to pass with some amendments.

We'd like to include an additional blank amount for civil legal services which we will put in the Committee report as $1.0 million and would like to also amend it to include an additional blank amount for legal services to individuals in immigration related proceedings in immigration court.

And we'll add up in the Committee report we'll indicate that that would be 750,000.

We'll also note in the Committee report considering the Federal Government's efforts to close or eliminate federal programs and Deport many people and the potential impact of such actions on the citizens of Hawaii, including the cost of consequences on the families and businesses impacted by such actions.

And we'll also defect the put a different defective date I guess on. Yes. April 23, 2057. Questions? Concerns? If not Vice Chair for the vote.

On HB400 HD1 recommendation. The Chairs to pass with amendments. [Roll Call] Measures adopted.

Okay, thank you. Next up is HB 727. This establishes a temporary three year women's pilot court pilot program within the second and fifth circuits. Requires Third circuit and Big Island Drug Court to conduct an interim study to establish a blueprint for a women's court pilot program in the Third Circuit.

Recommendation here is to pass with some several amendments. We'll amend the purpose section of the measure to align with amendments that we're going I hope to make today. We'll make the first Circuit women's court permanent by repealing the sunset date established by Act 243 and will make conforming amendments. Will create a third circuit area pilot project for.

Sorry, a third circuit Kona division area pilot project for a women's court for a three year period to sunset June 30, 2028. And for the moment. Well, not for the moment. We'll delete the expansion of the pilot projects to the second and fifth districts. Hopefully at some point we'll be able to pick that up.

Require the judiciary to assess and report to the Legislature 40 days before the 2026 session the need for and the associated cost of a pilot project for women's court in both the second and fifth circuits and on the helo side of the Third Circuit. And we'll delete the appropriation for the Department of Health.

But we'll add an appropriation to the judiciary of 514,900 for fiscal 25-26 and 557 even for fiscal 26-27 for two temporary positions and services to fulfill the purpose of the project that are associated with the women's court pilot project in Kona.

We'll also establish two temporary positions to include a Kona Drug court probation supervisor and a peer specialist to support the work of the three year pilot project. I'll go and defect the date as well to April 23, 2057.

And also I want to be sure that the the pilot project is as proposed by the judiciary that will be under this will note in the in the not in the Committee report but in the actual bill that it will be under the supervision of the Big Island Drug court.

So we have the structural relationship as you've requested. That's it. Good. Okay. Questions or concerns?

If not quite sure. Recommendations to pass HB 727 HD1 with amendments. Are the Members present? Are there any no votes or reservations? Hearing none. The measures adopted.

Okay. That concludes our 945 agenda and I will turn it over to Chair Gabbard for the joint AEN JDC decision making.

Okay. And for the one measure on the 10am Joint agenda HP 1449 HT2 relating to plant care, authorizing Department of Ag to adopt rules related to the plant care component program. And the Chair's recommendation will be to pass with amendments to defect the effective date to July 12050. Any discussion? Chair votes. I've got it.

You got it.

I'm sorry.

Okay. Chair's recommendation in HB 1449 for AAN is passed with amendments. Chair Gabbard votes yes. Senator. Vice Chair Richards is excused. Senator Coit is excused. I will vote yes. Senator Waugh, I. Recommendations adopted for JDC Member, same recommendation. Any questions or concerns? If not, question.

Members present. Are there any. No votes or reservation? No votes or reservations. Hearing None. The measure is adopted.

Okay. That concludes our business.

Thanks for being here. We're adjourned.