SB2395

SECTION 1. The legislature finds that a 2020 study by the Pew Research Center reported the average length of probation nationwide is just under two years, with Hawaii having the longest average length of fifty-nine months, or nearly five years. A growing list of high-quality studies have shown that long probation sentences are not associated with lower rates of recidivism and are more likely to lead to technical violations, such as noncompliance with one or more supervision rules, including missing appointments or testing positive for drug use. Recent research from the Council of State Governments Justice Center has found that technical violations contribute significantly to state incarceration rates and correctional costs with more than one in ten state prison admissions the result of technical violations of probation rather than convictions for a new crime.

The legislature further finds that probation should only be long enough to meet its basic objectives of providing accountability proportional to the underlying criminal offense, connecting people to needed treatment and services, and enabling individuals to complete programs, such as cognitive behavioral therapy and counseling that have been shown to reduce the risk of reoffending. A 2014 study by the Council on State Governments Justice Center found that in Hawaii, ninety-five per cent of felony probationers receive supervision terms of five years or more. Out of the felony probationers receiving terms of more than three years, sixty per cent are identified as low risk of reoffending. One of the recommendations of the Justice Reinvestment in Hawaii study was to offer time credits as an incentive for successful probationers. Focusing resources during the initial period of supervision, when an individual is most likely to commit new crimes or violate their conditions of supervision, is an effective practice that maximizes the likelihood of recidivism reduction. Shortening the length of time spent actively supervising low- and medium-risk probationers and parolees who have complied with their conditions of supervision allows resources to be focused on individuals who are more likely to reoffend and therefore are in need of more intensive monitoring. Eleven states have implemented compliance credits to reduce terms of probation, with five states offering thirty days of credit for every month of compliance, and three states offering twenty days for every thirty days of compliance. Such programs recognize that although probation was originally conceived as an alternative to incarceration, there is increased acknowledgement that keeping people on probation longer than needed carries unnecessary and unproductive costs and wastes scarce resources, without increasing public safety.

Accordingly, the legislature finds that there is a need for a program that provides a reduction in the length of probation, also known as "good time credits", for probationers who comply with the terms of their supervision or treatment.

The purpose of this Act is to:

(1) Require the judiciary to establish a pilot program that implements compliance credits to reduce terms of probation for probationers who meet their terms of supervision; and

(2) Appropriate funds for the pilot program.

SECTION 2. (a) The judiciary shall establish a four-year compliance credits pilot program that reduces the length of probation for probationers in compliance with conditions of supervision.

(b) In developing the pilot program, the judiciary shall:

(1) Examine other states that have implemented compliance credit programs to determine best practices for the appropriate amount of credits, terms of compliance, and mechanisms for implementing credit programs; and

(2) Consult with the criminal justice community and consider whether certain offenders should be excluded from earning credits and how financial obligations should be addressed.

(c) The judiciary shall design the pilot program to ensure that probation promotes public safety and effectively uses resources to supervise offenders most in need of services and programs.

(d) The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2029.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the development and implementation of the compliance credits pilot program.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 5. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2395
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII