Criminal Justice (Victims' Rights)

This bill is a non-binding resolution that formally affirms the Hawaii Legislature's commitment to improving public safety and fair treatment for domestic violence survivors within the state's justice system. It recommends several policy improvements, including enhanced coordination between state and community service providers to ensure victims receive timely information about available resources such as emergency housing, counseling, and legal assistance. The resolution urges the Judiciary and Honolulu Office of the Prosecuting Attorney to review existing practices and implement specific reforms, such as assigning experienced attorneys to domestic violence cases and requiring mandatory training for prosecutors. While it does not create new laws or allocate funding, it serves as an official statement of legislative intent and calls for administrative changes to improve consistency, efficiency, and victim support in handling domestic violence cases.

This House Resolution affirms the Hawaii legislature's commitment to public safety and fair treatment for domestic violence survivors within the state's justice system. It recommends that the Judiciary review policies related to case assignment, training, and victim notification to improve consistency and efficiency. The resolution also urges the Honolulu Office of the Prosecuting Attorney to implement reforms such as assigning experienced attorneys to domestic violence cases, requiring mandatory training for all prosecutors, and ensuring timely case assignments. Additionally, it suggests the state consider expanding victim support services including emergency funds, mental health counseling, pro bono legal services, emergency housing, and childcare assistance.

Requires the Department of the Prosecuting Attorney of the City and County of Honolulu to submit a report to the Legislature. Appropriates grant-in-aid moneys to the Department of the Prosecuting Attorney of the City and County of Honolulu for the Victim Witness Assistance Program. (SD1)

Requires release on recognizance for defendants charged with violations, traffic offenses, nonviolent petty misdemeanors, nonviolent misdemeanors, and nonviolent class C felonies, subject to conditions. Establishes exclusions for specified offenses, threats to public safety, and wilful flight. Requires findings when bail or detention is imposed, ongoing review of continued detention or conditions, and a prompt hearing if bail cannot be posted. Requires prosecutors to notify victims of pretrial decisions.

Allows a defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant is being sentenced. Allows a defendant to introduce certain relevant evidence when raising the justification defenses of self-defense or defense of others to show that the defendant was subjected to acts of family violence, dating violence, or child abuse by the alleged victim. Allows the circuit court imposing a criminal sentence to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Allows a person previously sentenced by a circuit court to petition the court to be re-sentenced to a reduced sentence if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse, and that the acts were a significant contributing factor for the offense for which the defendant was sentenced. (SD2)

Provides for the making of restitution by a defendant who has been convicted of violating section 707-702.5(1)(a), HRS, where the violation caused the death of a parent or legal guardian of a child.

Requires the State to provide written notice to certain persons regarding the ability to file a claim for redress under applicable wrongful conviction law. Requires the liberal construction of that law. Provides for advance compensation for petitioners under certain circumstances. Requires reports to Legislature from the Department of the Attorney General.

Establishes the procedure that a circuit court shall follow upon the reversal or vacation of an individual's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay advance compensation to any petitioner who was convicted in a court of the State, imprisoned for at least one year, and whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence. Requires the Comptroller to issue a warrant for payment of advance compensation to a petitioner. Requires the Department of Human Services, in collaboration with the Department of Corrections and Rehabilitation, to contract with a community-based agency to assign a case manager to a petitioner upon the petitioner's release. Requires the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed. Provides that the Judiciary and Department of Corrections and Rehabilitation shall retain jurisdiction over the person for the purposes of effectuating this process. Authorizes the State to seek reimbursement from the applicable county for any losses incurred by the State pursuant to this process. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and where the charges were dismissed. Shifts the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacation of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD2)

Requires the Judiciary to contract with a collection agency or licensed attorney to collect delinquent court-ordered fees, fines, sanctions, and court costs. Repeals the authority of the Judiciary to contract with a collection agency or licensed attorney to collect delinquent restitution. Expressly allows courts to specify a period of time or installments for payment of fees and restitution. Requires district courts to hold payment compliance hearings once per year or as soon as practicable, until all fees, fines, and restitution are fully paid, and requires a defendant in district court to appear and show cause if the defendant fails to pay in full within a time specified by the court or fails to pay three consecutive installments. Makes conforming amendments to related statutes. Appropriates funds. Effective 7/1/3000. (HD2)

Repeals the statutory expenditure ceiling on the Automated Victim Information and Notification System Special Fund to address rising program costs and growing victim service demands. (CD1)