Criminal Justice

HB 127 requires courts to set bail amounts based on factors like a defendant's income and financial situation, ensuring the amount is affordable. This bill directly affects individuals arrested and awaiting trial, as their pretrial release conditions would be adjusted to match their ability to pay. The key provision mandates that bail be set at a reasonable level rather than a fixed amount that may be unaffordable. The law is scheduled to take effect on July 1, 3000.

Allows a party aggrieved by the judgment of a circuit court on a minimum term order to appeal to the Intermediate Appellate Court. Requires prisoners to be represented by counsel in any petition challenging the minimum term proceedings. Requires the Supreme Court to establish rules. Establishes grounds for challenging a minimum term order. Appropriates funds. Effective 3/22/2075. (SD1)

Decriminalizes the possession of drug paraphernalia relating to marijuana; possession of a certain amount of marijuana concentrate; and the possession of a certain amount of marijuana and smoking of marijuana in a public place. Lowers the criminal penalty for the possession of a certain amount of marijuana concentrate from a misdemeanor to a petty misdemeanor.

Expands programming and training for the comprehensive offender reentry program under the department of corrections and rehabilitation to reduce the rate of recidivism and increase inmate marketability. Appropriates funds.

Prohibits civil asset forfeiture unless the covered offense is a felony for which the property owner has been convicted. Excludes the forfeiture proceedings for an animal pending criminal charges. Requires the Attorney General to deposit the net proceeds of the forfeited property to the credit of the state general fund.

Appropriates funds to the Department of Corrections and Rehabilitation for purchasing body cameras for adult correctional officers to wear while on duty at state correctional facilities.

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)

Prohibits excited delirium from being recognized as a valid medical diagnosis or cause of death in the State. Prohibits a medical examiner, coroner, or health care provider from stating on a certificate of death or in any report that the cause of death was excited delirium. Prohibits law enforcement officers from using the term excited delirium to describe an individual in an incident report. Establishes a new Hawaii Rule of Evidence that deems evidence that a person experienced or suffered an excited delirium inadmissible in a civil action. Effective 7/1/3000. (HD2)

HB 610 creates a new Cold Case Investigation Unit within the Department of the Attorney General and appropriates funding for its operations. The unit will focus on reviewing unresolved criminal cases, directly affecting the Attorney General's Department by providing dedicated resources for these investigations. Key provisions include establishing the unit's structure and allocating state funds for its staffing and activities. The bill is scheduled to take effect on July 1, 3000.

Appropriates funds as a grant-in-aid to the Department of the Prosecuting Attorney of the City and County of Honolulu for the Victim Witness Assistance Program. Effective 4/23/2057. (SD1)