Hawaii House Bill HB151

Hawaii 2025 Regular Session

• Introduced: 1/16/25
• Refer: 1/21/25

Caption

Relating To Redress For Wrongful Conviction And Imprisonment.

Impact

Among the significant changes proposed is the requirement for the State to provide written notice to individuals who have had their convictions reversed or vacated, informing them of their right to file a compensation claim. Additionally, the bill mandates that these laws be interpreted liberally, ensuring that those wrongfully convicted receive just compensation. The bill also allows for advance compensation payments of $5,000 per month for eligible petitioners, which promotes immediate financial support while the claims are processed. These enhancements are intended to streamline claims and reduce the burdensome legal proceedings currently faced by petitioners.

Summary

House Bill 151 addresses compensation for individuals wrongfully convicted and imprisoned in Hawaii. The bill aims to amend existing state laws by enhancing the provisions for individuals seeking redress under Chapter 661B of the Hawaii Revised Statutes, which was originally established by Act 156 in 2016. This chapter serves as a legal framework for compensating those unjustly incarcerated, recognizing that such persons deserve a fair avenue for seeking reparations beyond traditional tort remedies. The legislation reflects the State's acknowledgment of the need for a more efficient compensation process for wrongfully convicted individuals.

Contention

A notable point of contention in the discussions surrounding HB151 revolves around how the terms for compensation initiation are set. The bill includes a provision that limits the payment of advance compensation to individuals who have been incarcerated for at least one year and situations where no new charges are pending against them. Critics may argue that this might still leave some wrongfully convicted individuals without immediate support in cases where their wrongful conviction impacts their livelihood significantly, highlighting the balance needed between protecting the state's legal processes and the rights of the wrongfully imprisoned.