Bill Text: HI HB1172 | 2024 | Regular Session | Introduced
Bill Title: Relating To Bail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB1172 Detail]
Download: Hawaii-2024-HB1172-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1172 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to bail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that the inability to post bail has caused increased
overcrowding in our prison system. Studies indicate upwards of 50% of pretrial
detainees are incarcerated due to their inability to post bail.
The legislature finds that substituting bail for a promissory
note system, also known as an "IOU", can ease our prison system from
increased overcrowding and expenses, which presently costs Hawaii taxpayers
$259 per day per prisoner in Hawaii.
The
legislature also finds that SB192 passed by the 2019 Hawaii State Legislature,
later becoming Act 277, authorized for defendants to be released on unsecured
financial bonds under certain circumstances. Yet, adoption of this alternative
has been slow at best, and even without seeing its efficacy, has already been
overshadowed by attempts to pass more extreme policies, such as no cash bail.
The
purpose of this Act is to strengthen the implementation of unsecured financial
bonds for financially challenged defendants who meet certain qualifications.
SECTION 2. Chapter 804, Hawaii Revised Statutes, is amended by
adding a new section to be appropriately designated and to read as follows:
"§804- Unsecured
bail. (a) For financially challenged
defendants, the court shall order the defendant released upon the execution of
an unsecured financial bond for all or part of the bail amount by the defendant
and any additional obligors as may be required by the court, upon the deposit
of cash or other security as described in section 804‑11.5 for any
remaining bail amount not covered by the unsecured financial bond, and subject
to any other conditions of release that will reasonably assure the appearance
of the defendant in court as required and protect the public.
(b) In
the event that a defendant fails to appear in court as required or breaches any
other condition of release, the court shall enter an order of forfeiture of the
unsecured financial bond.
(c) In
granting or denying unsecured bail, the court shall consider:
(1) The defendant's:
(A) Employment status and history;
(B) Family relationships, specifically the nature and extent of those relationships;
(C) Past and present residences;
(D) Character and reputation;
(E) Ties to the community;
(F) Financial circumstances; and
(G) Prior criminal record, if any, and any prior
failures to appear in court;
(2) The agreement of any person to assist the
defendant to appear in court when required and to satisfy the conditions of
release;
(3) The results of an empirical and validated
pretrial risk assessment;
(4) The offense charged and potential sentence;
and
(5) Any other facts the court finds relevant to
the defendant's likelihood to appear and court and satisfy the conditions of
release."
SECTION 3. This Act does not affect the rights and duties that
matured, penalties that were incurred, and proceedings that were begun before
its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Unsecured Bail; Conditions of Release
Description:
Authorizes the court to release a defendant in custody on unsecured bail.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
