Relating To Periodic Reviews Of Detainees In Community Correctional Centers.
The impact of SB1392 could significantly alter the existing framework governing how pretrial detainees are managed. A critical point highlighted in the bill is the inefficacy of the periodic review process. According to data from the Department of Public Safety, a very small percentage of detainees were recommended for release after these reviews, leading to concerns that these reviews were labor-intensive and yielded minimal outcomes. By repealing this requirement, the bill aims to streamline the processes of intake service centers, allowing them to focus on generating initial bail reports more efficiently, which are required to be submitted within three days of a detainee's admission.
SB1392 is a legislative proposal aimed at repealing the requirement for periodic reviews of pretrial detainees held in community correctional centers in Hawaii. The bill seeks to eliminate Section 353-6.2 of the Hawaii Revised Statutes, which mandates that the Department of Public Safety conduct regular reviews of detainees every ninety days to determine their eligibility for pretrial release. This requirement was part of the bail reform initiatives enacted in 2019, intended to enhance fairness and provide more opportunities for detainees to secure their release prior to trial.
Critics of SB1392 could argue that eliminating periodic reviews may undermine the rights of pretrial detainees by reducing opportunities for them to be released based on changing circumstances or new information. Supporters, however, assert that the current review process is inefficient and results in a significant administrative burden on the Department of Public Safety. This debate underscores the tension between administrative efficiency and the rights of individuals awaiting trial, with potential implications for the broader conversation around bail reform and pretrial justice in Hawaii.