Criminal Justice

Requires the Department of Corrections and Rehabilitation 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. Changes the standard for a claim for compensation for wrongful imprisonment from actual innocence to grounds consistent with innocence. Provides for advance compensation for petitioners under certain circumstances. Requires the State to prove, for claims for compensation for wrongful imprisonment, that the reversal or vacating of the petitioner's conviction or pardoning of the petitioner was inconsistent with innocence. Requires reports to Legislature from the Department of the Attorney General. (SD1)

Requires a law enforcement officer who observes criminal misconduct by another law enforcement officer to report the criminal misconduct. Requires passage of a psychological screening test battery to qualify for appointment as a law enforcement officer. Subjects a law enforcement officer to denial, suspension, or revocation of a law enforcement officer's certification for failure to report observed criminal misconduct or committing an act of criminal misconduct. Prohibits the use of a chokehold by a law enforcement officer unless the use of deadly force is justifiable. Defines "chokehold".

Establishes the Agricultural Enforcement Program within the Department of Law Enforcement. Establishes the Agricultural Enforcement Special Fund. Establishes positions. Appropriates funds. Effective 7/1/3000. (HD3)

Increases the penalties imposed on individuals convicted for violation of a temporary restraining order and order for protection. Clarifies that the court shall not sentence a defendant to pay a fine for violating a temporary restraining order or order for protection if, after conducting a financial review, the court determines the defendant is or will be unable to pay the fine. Specifies that the court may suspend certain jail sentence for violation of a temporary restraining order or order for protection upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention.

Establishes the procedure that a circuit court shall follow upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay, through a warrant for payment issued by the Comptroller, 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 Department of Corrections and Rehabilitation to immediately notify the Department of Human Services so the Department of Human Services may 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 persons 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)

SB 2688 establishes a state protocol for releasing incarcerated individuals who are seriously ill or debilitated due to medical conditions. It directly affects people in state custody with severe health issues who meet specific medical criteria. The bill creates a formal process for prison officials to evaluate and approve compassionate release requests, replacing current ad-hoc practices. Currently, the bill is under review by the PSM committee, having passed its first reading on January 26, 2026, with a public hearing scheduled for February 4, 2026.

HB 387 amends a specific criminal offense to explicitly include cases where drivers cause serious bodily injuries while driving under the influence. This change directly affects intoxicated drivers who cause accidents resulting in injury. The bill updates the legal definition of "negligent injury in the first degree" to cover injuries negligently inflicted by drivers who are intoxicated. This makes it a clearer criminal violation for causing harm while driving impaired. The amendment provides a more direct legal pathway for prosecuting such incidents.

HB 2035 removes time limits for prosecuting third and fourth-degree sexual assault offenses. This means prosecutors can file charges at any time, regardless of when the crime occurred, directly affecting victims of these assaults and law enforcement. The bill amends existing law to explicitly include these assault degrees in the list of offenses without a statute of limitations. It does not change penalties or create new offenses, only extending the window for prosecution. This is a policy change focused on legal accessibility, not on new criminal definitions.

HB 1253 establishes Hawaii's Opportunity Probation with Enforcement (HOPE) program, administered by the Judiciary, to manage probation for individuals in the state. The program directly affects people on probation by requiring immediate, short jail terms for violations (like missed appointments or drug use) instead of lengthy suspensions. This enforcement-focused approach aims to reduce recidivism through swift, predictable consequences. The bill creates a structured framework for probation supervision under court oversight, replacing traditional methods with this evidence-based model.

HB 2600 allocates state funds to hire one full-time Deputy Public Defender III position within the Office of the Public Defender. This bill directly affects the Office of the Public Defender by providing budgetary resources to support its staffing needs. The legislation is purely procedural, focusing solely on funding a specific staff position without altering legal standards or procedures.