Criminal Justice

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.

Establishes an expedited procedure to remove persons from a property who are not tenants or former tenants. Establishes criminal offenses for persons who illegally occupy and damage property, for making a false statement to detain real property, and for fraudulent sale or lease of residential real property.

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 917 would require a minimum prison sentence for individuals convicted of possessing methamphetamine or fentanyl. It directly affects people charged with these specific drug possession offenses by eliminating judicial discretion in sentencing for these crimes. The bill's key provision mandates a fixed term of imprisonment without consideration of individual circumstances, such as prior record or mitigating factors. This legislation is currently pending in committee and has not yet advanced to a vote.

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.

Authorizes the Attorney General to represent sports officials in civil proceedings if the sports official has been assaulted or threatened in the course of legally discharging their sports official duties. Makes intentional bodily injury of a sports official engaged in the lawful discharge of the sports official's duties a class B felony. Clarifies that a sports official includes a school or league administrator. Clarifies that a sports official's duties cover sports events at public schools and private schools.

Includes correctional workers as protected participants in peer support counseling sessions, giving them the same confidentiality protections provided to law enforcement officers and emergency services personnel.