Hawaii 2022 Regular Session

Hawaii House Bill HB2344

Introduced
1/26/22  
Refer
1/28/22  
Report Pass
2/18/22  
Refer
2/18/22  
Report Pass
3/4/22  
Engrossed
3/8/22  
Refer
3/11/22  
Report Pass
3/22/22  

Caption

Relating To Probation.

Impact

The bill is set to amend existing laws regarding technical violations of probation. Currently, many admissions to jails stem from such violations rather than new crimes, disproportionately affecting marginalized populations, particularly Native Hawaiians, Pacific Islanders, and Black individuals. The proposed reforms emphasize the utilization of community services, which are less expensive and more effective at reducing recidivism compared to incarceration. This shift could lead to a transformative change in Hawaii's criminal justice landscape, promoting rehabilitation over punitive measures.

Summary

House Bill 2344 proposes significant reforms to the probation system in Hawaii, focusing on creating a good time credit system that allows defendants to reduce their probation time through compliance with set conditions. This initiative is seen as a response to the state's escalating incarceration rates, as the current policies for probation violations often result in unnecessary incarcerations, contributing to overcrowding in jails and prisons. The bill aims to address these issues by adopting a system that favors community-based corrections over punitive approaches.

Sentiment

The general sentiment surrounding HB 2344 appears to be positive among reform advocates, who believe such measures will lead to more humane treatment of probationers and decrease the burden on the state's correctional facilities. There is support for the idea of incentivizing compliance with probation conditions through the good time credit system. However, some skepticism exists regarding the implementation of this system, particularly concerns about ensuring that technical violations are adequately addressed without resulting in bench warrants or arrests.

Contention

A notable point of contention involves the balance between ensuring accountability for probationers and preventing excessive punishments for technical violations. Opponents of the current system argue that it often leads to the needless incarceration of individuals for minor infractions, while supporters of strict enforcement caution against leniency that could undermine the probation system. The bill seeks to navigate these issues by prohibiting bench warrants for certain technical violations and granting probation officers discretion in issuing court hearing notices, potentially creating tensions around the enforcement of probation conditions.

Companion Bills

HI SB2514

Same As Relating To Probation.

Similar Bills

HI SB2514

Relating To Probation.

LA HB442

Provides relative to sentencing and treatment of certain offenders convicted of certain violations of the Uniform Controlled Dangerous Substances Law (EN DECREASE GF EX See Note)

HI HB1336

Relating To Criminal Justice Reform.

TX HB3366

Relating to the placement of certain state jail felons on community supervision.

UT HB0163

Adult Probation and Parole Amendments

VA SB936

Decreasing probation period; criteria for mandatory reduction, effective clause, report.

VA HB2252

Decreasing probation period; criteria for mandatory reduction, effective clause, report.

KS SB414

Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.