HOUSE ADOPTS CRIMINAL JUSTICE REFORM BILLS

Honolulu, Hawaiʻi – The Hawaiʻi House of Representatives yesterday adopted bills to modernize and strengthen the state’s criminal justice system. Developed by the House Committee on Judiciary & Hawaiian Affairs, the measures focus on increasing fairness, ensuring law enforcement is qualified and well trained, improving transparency and data collection, and promoting better outcomes for individuals and communities.

“Advocates have long called for realignment of Hawaiʻi’s criminal justice system, and we see an opportunity to streamline processes and remove barriers that disproportionately impact members of our community,” said House Committee on Judiciary & Hawaiian Affairs Chair David A. Tarnas (D–North and South Kohala). “Evidence shows that improving efficiency in the system can also free up resources and allow greater attention to be focused on higher-risk cases, while resources can be redirected toward community support."

Upon adoption, the bills now cross over to the Senate for review.

HB1790 HD2 – Relating to Policing

• Establishes the Hawaiʻi Center for Policing and Criminal Justice Research within the Social Science Research Institute, College of Social Sciences, University of Hawaiʻi at Manoa to house the Hawaiʻi Crime Lab. Requires law enforcement agencies and law enforcement oversight agencies to collect and report certain data regarding law enforcement stops, uses of force, and complaints to the Hawaiʻi Crime Lab. Requires the Hawaiʻi Crime Lab to collect and publish incident-level information and an annual report on the data collected.

• Legislation works in concert with other initiatives aimed at streamlining the data collection process by law enforcement.

  
  

HB2494 HD1 – Relating to Criminal Justice Reform

• Establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations and requires officers to document the justification for the arrests. Amends the circumstances under which officers may issue citations in lieu of arrest.

• Requires officers to issue citations in lieu of arrest for certain petty misdemeanors and violations, unless public safety or flight risks are present or the alleged offense involves operating a vehicle under the influence of an intoxicant or the abuse of family or household members.

• Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations.

• Reinforces the powers and discretion law enforcement holds and adds the requirement that officers write the reason they have chosen to cite instead of arrest, for non-violent offenses. 

• Aimed at improving the efficiency of our police by maintaining the discretion officers already have to issue someone a citation and forgo arrest when that person presents no threat of violence to themselves or others and is expected show up for their mandated court appearance. 

• “Unnecessary custodial arrests for petty misdemeanors and violations contribute directly to correctional system overcrowding in Hawaii. Many individuals arrested for low-level offenses do not pose a significant public safety risk, yet arrests often result in pretrial detention due to inability to afford bail. Even short periods of incarceration increase correctional population pressures, strain staffing and facility resources, and contribute to system inefficiencies.” (Hawaiʻi Correctional Oversight Commission testimony).

  
  

HB2413 HD1 – Relating to Pretrial Reform

• Requires release on recognizance for defendants charged with violations, traffic offenses, nonviolent petty misdemeanors, nonviolent misdemeanors, and nonviolent class C felonies, subject to conditions. Establishes exclusions for specified offenses, threats to public safety, and certain other circumstances. Requires findings when bail or detention is imposed, ongoing review of continued detention or conditions, and a prompt hearing if bail cannot be posted. Requires prosecutors to notify victims of pretrial decisions. 

  
  

• Much of the language and statutory changes derived from the recommendations of the 2018 Criminal Pretrial Task Force convened by the Judiciary. 

• Creates a “willful flight” standard that is fairer to the arrestee and focuses on ensuring safety and compliance, rather than penalizing an isolated failure to appear.  

• “The Judiciary supports the intent of the proposed legislation and notes that any pretrial bail reform should be tailored to the presumption of innocence, ensuring the appearance of the defendant, minimizing the risk of danger to the community, and ensuring the equal treatment of individuals regardless of race, wealth, or social class.” (Hawaiʻi State Judiciary testimony).

  
  

HB1516 HD1  - Relating to Pretrial Release

• Seeks to give clarity to the already in statute provision that judges must set bail amounts that a defendant can afford to pay.  

• Excludes from the affordability considerations compensation an individual is receiving as part of a public benefits package which could include SNAP, welfare, or other sources. 

• “HB1516 does not eliminate judicial discretion or remove consideration of offense severity or public safety; rather, it provides clearer guardrails so that bail functions as intended: to reasonably assure court appearance, without becoming an unintended driver of wealth-based detention.” (Office of Hawaiian Affairs testimony) 

  
  

HB2094 HD1 – Relating to Jury Duty

• Increases the amount each juror or prospective juror is paid for each day of actual attendance at court, from $30 to $50.

HB2181 HD1 – Relating to the Judiciary

• Beginning 7/1/2027, requires the Judiciary to develop, implement, and administer an automated court appearance reminder system that generates text message or electronic mail notifications for upcoming court appearances in certain types of cases. Requires persons making an arrest or issuing a citation to obtain, to the extent practicable, the offender's mobile telephone number and electronic mail address.

• The current reminder system is "opt in" and the adoption rate is very low – estimated to be less than 5%, whereas "opt out" which is what this bill proposes has adoption rates of close to 95% in other jurisdictions.

• This bill aims to lower missed appearances. The consequences of a missed court appointment can be severe, including arrest for a bench warrant and heavy fines.

  
  

HB 1626 HD1 – Relating to Youth Penalties

• Prohibits the assessment of any fees, fines, or court costs against a person who was adjudicated for an offense committed during the person's minority, or against the person's parent or guardian, and discharges all related debt obligations assessed before the effective date of the Act.

• Encourages the use of community service and other programs that employ aina-based principles.

• Repeals certain penalties imposed on parents, guardians, or other persons associated with unaccompanied children in streets and unmarried minors in dance halls. 

• Native Hawaiians and Indigenous families are disproportionately overrepresented in the system. Native Hawaiian and indigenous youth from the Micronesian Islands make up roughly 56% of youth adjudicated in Hawaiian juvenile proceedings. They are overrepresented at nearly every stage of the juvenile legal process, from arrest and petition, through adjudication, detention, and probation.  Analyzing data from the state Judiciary and Department of Human Services, an estimated $40,000 in juvenile financial penalties are assessed against Native Hawaiian and Pacific Islander youth every year.

• The Federal Department of Justice commented that “eliminating the unjust imposition of fines and fees is one of the most expeditious ways for jurisdictions to support the success of youth and low-income individuals, honor constitutional and statutory obligations, reduce racial disparities in the administration of justice, and ensure greater justice for all.”

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