Relating To Periodic Reviews Of Detainees In Community Correctional Centers.
By eliminating the periodic review requirement for pretrial detainees, HB1094 could streamline operations at the Department of Public Safety's intake service centers. The legislation posits that it allows resources to be redirected towards producing timely initial bail reports, which are required to be sent to courts within three days of a detainee's admission. Supporters argue this aligns with the department’s need for efficiency, reflecting concerns that the existing process detracts from their ability to perform other mandated duties effectively.
House Bill 1094 seeks to repeal section 353-6.2 of the Hawaii Revised Statutes, which mandates that community correctional centers conduct periodic reviews of pretrial detainees at least every three months. This requirement was originally established as part of Act 179 in 2019, aimed at increasing fairness for pretrial detainees by allowing opportunities for their reconsideration for release. The rationale behind this bill is that the current system produces minimal results, as illustrated by data showing only a small fraction of detainees were actually recommended for release after reviews, indicating inefficiency within the review process.
However, the proposed repeal has raised concerns among advocates of bail reform who argue that the elimination of regular assessments may further entrench a system where pretrial detainees remain incarcerated without necessary scrutiny of their cases. Critics argue that removing these reviews might limit judicial oversight and lead to unjust prolonged detentions for individuals who could be released under appropriate circumstances. Therefore, the bill remains a point of contention in discussions about pretrial justice and the treatment of detainees in Hawaii.