Hawaii Senate Bill SR202

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23
• Report Pass: 4/24/23
• Passed: 4/25/23

Caption

Requesting The Office Of The Administrative Director Of The Courts Of The Hawaii State Judiciary To Collect, Compile, And Share Data On The Assessment Of Fees, Court Costs, Fines, And Restitution In Cases Against Minors.

Impact

The resolution indicates that while state law does permit courts to levy various fees and fines against minors, these are infrequently imposed by judges in practice. This situation has significant implications for youth rehabilitation; research indicates that financial penalties like these do not contribute positively to public safety and can actually lead to higher rates of recidivism among young offenders. By requesting data on these practices, SR202 aims to highlight and potentially reform a system that disproportionately impacts marginalized communities.

Summary

Senate Resolution 202 (SR202) seeks to address the issue of court fees, costs, fines, and restitution imposed on minors within the Hawaii judicial system. It advocates for the collection, compilation, and distribution of data related to these financial burdens, specifically highlighting their detrimental effects on youth and their families. The resolution notes that research has shown that such charges are disproportionately harmful to Native Hawaiian, Pacific Islander, and Black youth, who tend to be arrested and detained at higher rates and face challenges in affording these costs.

Conclusion

If adopted, SR202 would require the Office of the Administrative Director of the Courts in Hawaii to report on the financial implications of these fees over the last five years and provide recommendations for addressing any disparities found in the assessment of such costs. The anticipated findings are expected to support legislative efforts aimed at reforming juvenile justice practices to better serve young individuals and reduce systemic inequities.

Contention

Despite growing awareness of the negative consequences of imposing financial penalties on minors, there remains contention about the practicality of eliminating such assessments entirely. Some advocates argue that without alternative funding mechanisms, the removal of fees, fines, and restitution could undermine the structure of juvenile justice funding. Nevertheless, a broader consensus is forming that these financial penalties should not be inflicted upon youth, reinforcing the sentiment of rehabilitation over punishment.