Hawaii House Bill HCR16

Hawaii 2022 Regular Session

• Introduced: 2/28/22
• Refer: 3/3/22

Caption

Requesting The Judicial Council To Appoint A Committee To Review And Recommend Revisions To The Hawaii Penal Code.

Impact

The requested committee is tasked with ensuring that judicial discretion is applied consistently and fairly. This could lead to a more standardized approach to assessing leniency or severity in sentencing, particularly for individuals who may benefit from therapeutic interventions such as substance abuse treatment. By improving judicial consistency, the resolution aims to minimize the vast range of potential sentences that repeat offenders currently face, addressing fundamental fairness in the legal system.

Summary

HCR16 is a House Concurrent Resolution that requests the Judicial Council to appoint a committee to review and recommend revisions to the Hawaii Penal Code, specifically focusing on sentencing for repeat offenders. The bill addresses concerns that the current system allows for significant discrepancies in sentencing outcomes based on the individual judge's decisions, leading to inconsistent applications of the law. The resolution highlights a troubling case involving an individual with over 160 convictions, suggesting that the existing laws require re-evaluation to foster more equitable treatment of repeat offenders.

Contention

While the bill promotes fairness and consistency, there may be concerns regarding how such a committee's recommendations will ultimately be implemented in practice. Critics may argue that there is a fine balance between the need for consistent sentencing and the capacity of judges to consider the unique circumstances of each case. Additionally, discussions surrounding the potential constraints on judicial discretion as a result of the committee's recommendations could create contention among stakeholders, including judicial advocates, prosecutors, and defense attorneys.