STAND. COM. REP. NO. 1080

Honolulu, Hawaii

RE: H.B. No. 103

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 103 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING,"

begs leave to report as follows:

The purpose and intent of this measure is to change the age at which individuals are eligible for life without parole sentences from eighteen years of age or older to twenty—one years of age or older.

Your Committee received testimony in support of this measure from the Office of the Public Defender and one individual.

Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and two individuals.

Your Committee finds that neuroscience and brain development research has demonstrated that brain maturation continues through an individual's mid-twenties, and that these individuals are sometimes referred to as "emerging adults". Your Committee believes that, due to the research supporting continued brain maturation through early adulthood, an emerging adult who has committed a serious offense should have the opportunity for parole after establishing a clear pattern of rehabilitation as established by positive behaviors while in custody, such as taking advantage of educational opportunities, work opportunities, substance abuse counseling opportunities, and a clear commitment to living a life embracing change, sincere remorse, and service within the incarcerated communities. This measure will give the Hawaii Paroling Authority more opportunities to encourage positive behavior and rehabilitation for emerging adults facing a lengthy sentence.

Your Committee notes that this measure is not intended to prohibit the sentencing of defendants to life imprisonment with the possibility of parole or a potential lengthy minimum term of imprisonment for defendants between the ages of eighteen and twenty-one.

Your Committee has amended this measure by:

(1) Deleting language that would have amended existing law to change the age at which individuals are eligible for life without parole sentences from eighteen years of age or older to twenty-one years of age or older;

(2) Inserting new statutory language that prohibits emerging adult defendants from being sentenced to life imprisonment without the possibility of parole;

(3) Defining "emerging adult defendant" as a person convicted of a crime who is over eighteen years of age and less than twenty-one years of age; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 103, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 103, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair