THE SENATE

S.B. NO.

2157

THIRTY-FIRST LEGISLATURE, 2022

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to criminal pretrial Reform.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that there is a need to address the substantial and continued overcrowding of facilities used to house pretrial defendants through the adoption of certain recommendations made by the criminal pretrial task force regarding pretrial detention and release through bail reform.

     House Concurrent Resolution No. 134, H.D. 1 (2017), requested the judiciary to convene a criminal pretrial task force to:

     (1)  Examine and, as needed, recommend legislation and revisions to criminal pretrial practices and procedures to increase public safety while maximizing pretrial release of those who do not pose a danger or a flight risk; and

     (2)  Identify and define best practices metrics to measure the relative effectiveness of the criminal pretrial systema and establish ongoing procedures to take such measurements at appropriate time intervals.

     Although a substantial number of the task force's recommendations were subsequently enacted by Act 179, Session Laws of Hawaii 2019 (Act 179), two critical recommendations were not included.  These recommendations would substantially change the process for pretrial determinations and would offer the greatest potential to maximize pretrial release.  The legislature accordingly intends to implement certain recommendations of the criminal pretrial task force that were accompanied by proposed legislation authored by the task force.

     The purpose of this Act is to amend chapter 804, Hawaii Revised Statutes, to:

     (1)  With certain exceptions, eliminate the use of monetary bail and require defendants to be released on their own recognizance for traffic offenses, traffic violations, nonviolent petty misdemeanor offenses, nonviolent misdemeanor offenses, and nonviolent class C felony offenses; and

     (2)  Allow defendants the option to participate in a bail report interview via videoconference.

     SECTION 2.  Chapter 804, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§804-    Monetary bail; nonviolent offenders.  (a)  Any defendant arrested and charged with a traffic offense, traffic violation, nonviolent petty misdemeanor offense, nonviolent misdemeanor offense, or nonviolent class C felony offense shall be released on the defendant's own recognizance conditioned upon:

     (1)  The defendant's appearance in court; and

     (2)  Any other least restrictive, non-financial condition necessary to:

          (A)  Ensure the defendant's appearance in court; and

          (B)  Protect the public.

     (b)  This section shall not apply if:

     (1)  The offense involves:

          (A)  Assault;

          (B)  Terroristic threatening;

          (C)  Sexual assault;

          (D)  Abuse of family or household members;

          (E)  Violation of a temporary restraining order;

          (F)  Violation of an order for protection;

          (G)  Violation of a restraining order or injunction;

          (H)  Operating a vehicle under the influence of an intoxicant;

          (I)  Negligent homicide;

          (J)  A minor;

          (K)  Unauthorized entry into a dwelling; or

          (L)  Any other crime of violence; or

     (2)  One or more of the following apply:

          (A)  The defendant has a pattern of non-appearance in the last twenty-four months;

          (B)  The defendant has at least one prior conviction for a misdemeanor crime of violence or felony crime of violence within the last eight years;

          (C)  The defendant was pending trial or sentencing at the time of arrest;

          (D)  The defendant was on probation, parole, or conditional release at the time of arrest;

          (E)  The defendant is also concurrently charged with a violent petty misdemeanor, a violent misdemeanor, or any felony offense arising from the same or separate incident; or

          (F)  The defendant presents a risk of danger to any other identifiable person, or persons, or to the community.

     (c)  If any of the exceptions in subsection (b) apply, bail may be set in a reasonable amount pursuant to section 804-9, taking into consideration the defendant's financial ability to afford bail.  If the defendant is unable to post the amount of bail, the defendant shall be entitled to a prompt hearing under section 804-7.5.

     §804-    Bail report interview; videoconference.  (a)  Notwithstanding any law to the contrary, a defendant shall be allowed to participate in a bail report interview via videoconference.

     (b)  If a defendant chooses to participate in a bail report interview via videoconference, the department of public safety shall comply with and make any necessary arrangements to implement the defendant's selection."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Bail; Reform; Release; Detention; Bail Report Interview' Videoconference; Department of Public Safety

 

Description:

Eliminates the use of monetary bail and requires defendants to be released on their own recognizance for traffic offenses; traffic violations; and nonviolent petty misdemeanor, misdemeanor, and class C felony offenses, with certain exceptions.  Requires the Department of Public Safety to provide videoconferencing to a defendant who chooses to participate in a bail report interview via videoconference.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.