Hawaii Senate Bill SB2157

Hawaii 2022 Regular Session

• Introduced: 1/20/22
• Refer: 1/21/22
• Refer: 1/26/22

Caption

Relating To Criminal Pretrial Reform.

Impact

The enactment of SB2157 is anticipated to have a considerable impact on the criminal justice system in Hawaii. By eliminating or significantly reducing the use of monetary bail for specific offenses, the bill aims to alleviate the burden on low-risk defendants who may struggle to afford bail. This could lead to fewer individuals being incarcerated pretrial simply due to their inability to pay, thus promoting fairness and equity within the judicial process. Furthermore, the bill introduces the option for defendants to participate in bail report interviews via videoconference, which may simplify the process and increase accessibility.

Summary

SB2157 focuses on reforming the pretrial detention process in Hawaii by addressing the issue of overcrowding in facilities that house pretrial defendants. The bill proposes significant changes to existing statutes governing bail and pretrial release. Its primary aim is to maximize pretrial release for those charged with nonviolent offenses, thereby reducing the reliance on monetary bail. The bill legislates that, with certain exceptions, defendants charged with specific traffic violations and nonviolent misdemeanors or class C felonies should be released on their own recognizance rather than having to pay bail. This is in line with the recommendations from a criminal pretrial task force that evaluated the system and identified the need for legislative change.

Contention

Notably, while the bill enjoys support from advocates for criminal justice reform, including the task force, it is not without contention. Critics may express concerns about public safety, especially regarding the provisions that allow for the release of individuals charged with nonviolent offenses without monetary bail. There exist stipulations that still enable the court to set bail for those with certain prior convictions or those who present a risk to the public. Thus, balancing the need for reform with the assurance of community safety remains a key point of discussion among lawmakers.