THE SENATE	S.B. NO.	2856
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to pretrial release.

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

SECTION 1. Section 353-6.2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353-6.2[]] Community correctional centers; periodic reviews of pretrial detainees. (a) The relevant community correctional centers, on a periodic basis but no less frequently than every three months, shall conduct reviews of pretrial detainees to reassess whether a detainee should remain in custody or whether new information or a change in circumstances warrants reconsideration of a detainee's pretrial release or supervision.

(b) For each review conducted pursuant to subsection (a), the relevant community correctional center shall transmit its findings and recommendations by correspondence or electronically to the appropriate court, prosecuting attorney, and defense counsel.

(c) If a motion to modify bail is filed pursuant to a recommendation made pursuant to subsection (b), a hearing shall be scheduled at which the court shall consider the motion.

(d) If a motion to modify bail is granted pursuant to a hearing scheduled pursuant to subsection (c) and there is an existing restraining order or protective order in effect governing the pretrial detainee, the court shall automatically extend the duration of the restraining order or protective order for a duration equal to the duration the pretrial detainee would have remained in custody."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Pretrial Release; Detainees; Community Correctional Centers; Restraining Order Extension

Description:

Requires the court to extend the duration of a restraining order or protective order issued against a pretrial detainee if the detainee is granted a motion for pretrial release.

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