Hawaii House Bill HR166

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23

Caption

Urging The Judicial Branch Of The State Of Hawaii To Utilize Act 277 Of The 2019 Legislative Session In Lieu Of No Cash Bail.

Impact

The bill's advocacy for Act 277 lays out a structured approach to bail reform by emphasizing that the existing law creates mechanisms to safely release economically disadvantaged defendants before trial. It cites the success of securing release through a promissory note, which not only takes into account the individual’s financial situation but also their risk of flight, prior criminal record, and community ties. By encouraging the judicial system to utilize these provisions, HR166 aims not only to relieve the financial and logistical burdens on state correctional facilities but also to ensure that defendants are not detained solely due to inability to post bail.

Summary

House Resolution 166 (HR166), presented in the Thirty-second Legislature of Hawaii, urges the judicial branch to implement provisions from Act 277, which was enacted in 2019. This Act allows for the release of certain defendants on unsecured financial bonds under specified conditions. HR166 highlights growing concerns over overcrowding in prisons, with over 50% of pretrial detainees unable to post bail, leading to significant financial burdens on taxpayers who absorb the costs of imprisonment, which exceeds $250 per day per prisoner. The resolution seeks to alleviate these issues by promoting the usage of existing statutes allowing for unsecured bail options, which could save taxpayer funds and ease prison crowding.

Conclusion

In summary, HR166 presents a constructive resolution aimed at improving Hawaii's judicial processing of pretrial detainees by advocating for a system of unsecured bonds under existing laws. This proposal addresses pressing social and financial issues stemming from current bail practices, rationalizing that financial constraints should not preclude fair access to justice and responsible pretrial processes.

Contention

While HR166 promotes the implementation of already available legislative tools, it implicit contrasts movements towards more extreme bail reforms, such as eliminating cash bail altogether. Critics might argue that without careful assessment of risk factors involved in releasing multiple defendants without cash, public safety could be jeopardized. However, supporters assert that the current proposal is a moderate yet effective strategy for addressing the complexities of pretrial detention and bail reform in Hawaii without resorting to more extreme measures.