HOUSE OF REPRESENTATIVES |
H.B. NO. |
1567 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL PRETRIAL REFORM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there is a need to address the substantial and continued overcrowding of facilities used to house pretrial defendants. One way to address this issue is through bail reform.
Accordingly, the purpose of this Act is to:
(2) Allow defendants the option to participate in a bail report interview via videoconference.
SECTION 2. Chapter 804, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§804- Monetary bail; nonviolent offenders. (a)
Any defendant arrested, charged, and held for a traffic offense, violation,
nonviolent petty misdemeanor offense, nonviolent misdemeanor offense, or nonviolent
class C felony offense shall be ordered by the court to be released on the defendant's
own recognizance at arraignment and plea conditioned upon:
(1) The defendant's
appearance in court; and
(2) Any other least
restrictive, non-monetary condition necessary to:
(A) Ensure
the defendant's appearance in court; and
(B) Protect
the public.
(b) This section shall not apply if:
(1) The offense
involves:
(A) Assault;
(B) Terroristic
threatening;
(C) Sexual
assault;
(D) Abuse
of family or household members;
(E) Violation
of a temporary restraining order;
(F) Violation
of an order for protection;
(G) Violation of a restraining order or injunction;
(H) Operating
a vehicle under the influence of an intoxicant;
(I) Negligent
homicide;
(J) A
minor;
(K) Unauthorized
entry into a dwelling; or
(L) Any
other crime of violence; or
(2) One or more of
the following apply:
(A) The
defendant has a history of non-appearance in the last twenty-four months;
(B) The
defendant has at least one prior conviction for a misdemeanor crime of violence
or felony crime of violence within the last eight years;
(C) The
defendant was pending trial or sentencing at the time of arrest;
(D) The
defendant was on probation, parole, or conditional release at the time of arrest;
(E) The
defendant is also concurrently charged with a violent petty misdemeanor, a
violent misdemeanor, or any felony offense arising from the same or separate
incident; or
(F) The
defendant presents a risk of danger to any other person or to the community, or
a risk of recidivism.
(c) If any of the exceptions in subsection (b)
apply, bail may be set in a reasonable amount pursuant to section 804-9, taking
into consideration the defendant's financial ability to afford bail. If the defendant is unable to post the amount
of bail, the defendant shall be entitled to a prompt hearing under section 804-7.5. If the defendant is unable to post bail in
the amount of $99 or less, the director of public safety may, in the director's
discretion, release the defendant.
(d) This section shall neither preclude law enforcement
from setting an initial bail before arraignment, nor prevent a court from determining
bail or conditions of release at arraignment should an initial bail be set by law
enforcement before arraignment.
§804- Bail report interview; videoconference. (a) Notwithstanding
any law to the contrary, a defendant shall be allowed to participate in a bail report
interview via videoconference.
(b) If a defendant chooses to participate in a bail report interview via videoconference, the department of public safety shall comply with and make any necessary arrangements to implement the defendant's selection."
SECTION 3. This Act does not affect 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.
INTRODUCED BY: |
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Report Title:
Bail; Release; Detention; Bail Report Interview; Videoconference
Description:
Eliminates the use of monetary bail and requires defendants to be released on their own recognizance for traffic offenses; violations; and nonviolent petty misdemeanor, misdemeanor, and class C felony offenses, with certain exceptions. Requires PSD to take steps to provide videoconferencing to a defendant who chooses to participate in a bail report interview via videoconference.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.