Most criminal justice reform bills in Hawai‘i not moving forward this legislative session

Most of the criminal justice bills presented during this legislative session have died, including ones that would make it easier for officers to issues citations in lieu of arrests, make it easier for defendants of misdemeanors to be released on recognizance, and add more exceptions to mandatory sentences.

Hawai‘i County Prosecuting Attorney Kelden Waltjen spent the past few months providing testimony against several measures that he felt would protect defendants and not those who were victimized by crime.

Waltjen hopes the lawmakers who advocated for the bills get the message that the criminal reform people want promotes accountability, public safety and justice for victims.

“People are concerned that we’ve lost accountability and we’ve lost a sense of community,” Waltjen said. “We want people to feel that they can feel safe in their communities.”

Waltjen expressed frustration earlier this year over a noticeable trend earlier where several defendants from different cases were all released from jail with a variety of conditions requiring electronic monitoring, staying away from victims, not possessing firearms and/or mandatory drug testing.

Waltjen spoke specifically in March about the following measures, all of which have not moved forward this session:

• HB 2494 – This bill would have amended the circumstances under which officers may issue citations in lieu of arrest, among other changes. While it passed the House, it missed a deadline for further review in the Senate.

• HB 2413 – This bill would have required release on recognizance for defendants charged with violations, traffic offenses, nonviolent petty misdemeanors, nonviolent misdemeanors, and nonviolent class C felonies, subject to conditions.

• HB 1627 – This bill would have added exceptions to mandatory sentencing provisions.

• HB1516 – This measure required certain factors to be considered when determining a defendant’s financial ability to afford bail.

But Waltjen was disappointed that Senate Bill 2463, which would reduce the legal blood alcohol content level from .08% to .05%, failed to move forward again.

While criminal justice reform didn’t move forward, Waltjen said most of the law enforcement coalition bills also didn’t pass the House Committee on Judiciary and Hawaiian Affairs. This includes Senate Bill 2516, which would have addressed a gap in current law for individuals who render aid to someone accused of committing a crime.

Senate Bill 2517 would have enhanced penalties for individuals found in possession of a firearm with an active restraining order against them from a misdemeanor to a felony.

Senate Bill 2518 would have increased penalties against individuals who assault police officers to a first-degree offense.

The legislative session adjourns on May 8. Hawaiʻi Gov. Josh Green must send out his veto list of bills by June 30. The final deadline for him to officially deliver any vetos is July 15.