Bill Text: HI HR15 | 2022 | Regular Session | Introduced

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Bill Title: Requesting The Judicial Council To Appoint A Committee To Review And Recommend Revisions To The Hawaii Penal Code.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-03-23 - The committee(s) on CMV recommend(s) that the measure be deferred. [HR15 Detail]

Download: Hawaii-2022-HR15-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	15
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

HOUSE RESOLUTION

 

 

REQUESTING THE JUDICIAL COUNCIL TO APPOINT A COMMITTEE TO REVIEW AND RECOMMEND REVISIONS TO THE HAWAII PENAL CODE.

 

 

 

     WHEREAS, although the Hawaii Penal Code generally provides judicial discretion in sentencing repeat offenders, it appears that judges are not utilizing this discretionary authority in a consistent and fair manner; and

 

     WHEREAS, according to prosecutors, the outcomes for repeat offenders often depends on the judge assigned to the case — with sentences ranging from prison time to same-day release; and

 

     WHEREAS, judges should be utilizing their judicial discretion to sentence individuals consistently and fairly depending on the circumstances involved, including whether the individual is a repeat offender and may benefit from substance abuse treatment or diversion to one of the Judiciary's specialized programs such as the Drug Court or HOPE Probation (Hawaii's Opportunity Probation with Enforcement); and

 

     WHEREAS, the news reported on a story earlier this year involving an individual who, over the past fifteen years, has been convicted one hundred sixty-one times for various crimes, including theft, harassment, open lewdness, and alcohol-related offenses; and

 

     WHEREAS, the number of convictions this individual has amassed over fifteen years suggests that the laws for sentencing individuals need to be revisited to better address repeat offenders; and

 

     WHEREAS, in 2015, the Legislature requested under House Resolution No. 155, Senate Draft 1, Regular Session of 2015, for the Judicial Council to appoint a committee to review the Hawaii Penal Code and recommend to the Legislature revisions to the Code that will help ensure that sentences are fair and proportionate to the crime committed with particular attention paid to Hawaii Penal Code sections that base culpability on dollar amounts; and

 

     WHEREAS, this resulted in the enactment of various amendments to the Hawaii Penal Code the following year under Act 231, Session Laws of Hawaii 2016, to ensure more fair and proportionate sentencing; and

 

     WHEREAS, given the success of the previous Penal Code Review Committee in updating the Hawaii Penal Code to address sentencing disparities, a similar committee should be appointed to help ensure judicial discretion, consistency, and fairness in sentencing repeat offenders; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, that the Judicial Council, established pursuant to section 601-4, Hawaii Revised Statutes, is requested to appoint a committee to review the Hawaii Penal Code and recommend to the Legislature revisions to the Code that the committee concludes will help ensure judicial discretion, consistency, and fairness in sentencing repeat offenders; and

 

     BE IT FURTHER RESOLVED that the members of the committee include:

 

     (1)  The prosecuting attorney of the City and County of Honolulu, who shall serve as chairperson of the committee;

 

     (2)  A representative from the Judiciary;

 

     (3)  A member of the Senate Committee on Judiciary;

 

     (4)  A member of the House of Representatives Committee on Judiciary & Hawaiian Affairs;

 

     (5)  The Administrator of the Office of Hawaiian Affairs or the Administrator's designee;

 

     (6)  The Attorney General, or the Attorney General's designee;

 

     (7)  A representative from the Intake Services Center Division of the Corrections Division of the Department of Public Safety;

 

     (8)  A representative from the Office of the Public Defender;

 

     (9)  The prosecuting attorney from the counties of Hawaii, Maui, and Kauai, or each prosecuting attorney's designee;

 

    (10)  A representative from the police department of each county;

 

    (11)  Public or private sector economists;

 

    (12)  Psychologists or social workers;

 

    (13)  Private citizens interested in criminal law and civil liberties;

 

    (14)  Hawaii attorneys in private practice who handle criminal cases;

 

    (15)  A representative from a prisoner advocacy group; and

 

    (16)  Representatives from victim advocacy groups;

 

provided that the committee shall include at least one member from each county; and

 

     BE IT FURTHER RESOLVED that the committee shall recommend updates to the Hawaii Penal Code by reviewing HOPE Probation (Hawaii's Opportunity Probation with Enforcement), which is designed to reduce probation violations by drug offenders and others at high risk of recidivism by providing swift, predictable, and immediate sanctions – typically resulting in several days in jail – for each detected violation, such as detected drug use or missed appointments with a probation officer; and

 

     BE IT FURTHER RESOLVED that the committee may accept assistance in the performance of its duties; and

 

     BE IT FURTHER RESOLVED that the Judicial Council may request the Legislative Reference Bureau to assist the committee with research and reporting assistance, as needed; and

 

     BE IT FURTHER RESOLVED that the Judicial Council is encouraged to use, to the greatest extent possible, the faculty and students of the University of Hawaii William S. Richardson School of Law in performing its work; and

 

     BE IT FURTHER RESOLVED that the members of the committee serve without compensation; provided that members of the committee may be reimbursed for the costs of mileage, parking, and transportation from the neighbor islands; and

 

     BE IT FURTHER RESOLVED that no member of the committee shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the committee; and

 

     BE IT FURTHER RESOLVED that the Judicial Council is requested to submit its findings and recommendations, including any proposed legislation, to the Governor and Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, President of the Senate, Speaker of the House of Representatives, Administrator of the Office of Hawaiian Affairs, Attorney General, Director of Public Safety, State Public Defender, Director of the Legislative Reference Bureau, Prosecuting Attorneys of each of the counties, and police chiefs of each of the counties.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Committee; Penal Code; Sentencing; Repeat Offenders