Hawaii House Bill HCR195

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23

Caption

Requesting The Office Of The Administrative Director Of The Courts Of The Hawaii State Judiciary To Collect, Compile, And Share Data On The Assessment Of Fees, Court Costs, Fines, And Restitution In Cases Against Minors.

Impact

If adopted, this resolution would lead to a structured effort to gather comprehensive data on the financial implications of legal penalties on minors. Specifically, it seeks to compile figures on the assessed, collected, waived, and outstanding debts associated with minors over the past five years. This data is intended to shed light on the ineffective nature of such fees and fines, particularly as many jurisdictions reportedly spend more resources pursuing these debts than they recover. The findings could significantly influence judicial practices and policies related to juvenile justice in Hawaii.

Summary

HCR195 is a House Concurrent Resolution introduced in the 32nd Legislature of Hawaii, which requests the Office of the Administrative Director of the Courts to collect and analyze data on the assessment of fees, court costs, fines, and restitution in cases involving minors. The resolution acknowledges that the imposition of such charges is often counterproductive and can exacerbate issues like youth recidivism, particularly among vulnerable populations, including Native Hawaiian, Pacific Islander, and Black youth, who are disproportionately affected by these financial burdens.

Contention

There is a growing consensus among advocates that juvenile justice systems should refrain from levying monetary penalties against minors. Supporters argue that these fees serve little public safety purpose and only increase the likelihood of future offenses, while also failing to compensate crime victims who do not receive restitution due to the minors' inability to pay. The resolution echoes similar legislative actions taken in other states that have moved to eliminate or limit the imposition of financial penalties on youth, aiming to lessen the negative impacts on families and children.

Recommendations

HCR195 requests that the Office of the Administrative Director submit a report detailing their findings and recommendations to the legislature by a specified timeframe. This requirement underscores the importance attributed to understanding the effects of court-imposed financial obligations on young people and the potential need for reform in how the judicial system interacts with minors.