SB2325

SECTION 1. The legislature acknowledges and recognizes that children are different from adults and that these differences must be taken into account when children are being sentenced for adult crimes. As noted by the United States Supreme Court in Miller v. Alabama, 567 U.S. 460, 471 (2012), "only a relatively small proportion of adolescents who engage in illegal activity develop entrenched patterns of problem behavior," and "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds," including "parts of the brain involved in behavior control".

The legislature further finds that children are more vulnerable to negative influences and outside pressures, including from their family and peers, they have limited control over their own environment, and lack the ability to extricate themselves from horrific, crime-producing settings. The United States Supreme Court emphasized in Roper, Graham, Miller, and Montgomery that the distinctive attributes of youth diminish the penological justifications for imposing the harshest sentences on juvenile offenders, even when they commit terrible crimes.

The legislature further acknowledges recent research demonstrating high rates of adverse childhood experiences and childhood trauma among children tried as adults. Specifically, children tried as adults have often been victims of physical, emotional, and sexual abuse and come from broken homes where domestic violence, substance abuse, mental illness, and incarceration are common.

Accordingly, the purpose of this Act is to allow courts to modify the sentences of juvenile offenders if the court finds that the defendant is not a danger to the safety of any person or the community and the modification is in the interests of justice after considering certain factors.

SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§706- Sentence modification for juvenile offenders. (1) Notwithstanding any other law to the contrary, the court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for offenses committed and completed before the defendant attained eighteen years of age if:

(a) The defendant has served not less than fifteen years in custody for the offenses; and

(b) The court finds, after considering the factors set forth in subsection (c), that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification.

(2) Any defendant whose sentence is reduced pursuant to subsection (a) shall be ordered to serve a period of supervised release of not less than three years following release from imprisonment.

(3) The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a), shall consider:

(a) The nature of the offense and the history and characteristics of the defendant;

(b) The age of the defendant at the time of the offense;

(c) A report and recommendation of the department of corrections and rehabilitation, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available;

(d) The recommendation of the prosecuting attorney from the county in which the defendant was prosecuted;

(e) Whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;

(f) Any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased;

(g) Any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional;

(h) The family and community circumstances of the defendant at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;

(i) The extent of the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense;

(j) The diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing children to the otherwise applicable term of imprisonment; and

(k) Any other information the court determines relevant to the decision of the court.

(4) If the court denies or grants, in part, a motion to reduce a sentence under this section, the defendant shall not:

(a) File a second motion to reduce a sentence for at least three years;

(b) File a third motion to reduce a sentence for at least three years; or

(5) The department of corrections and rehabilitation shall provide written notice of this section to any defendant who has served not less than fourteen years in prison for offenses committed and completed before the defendant attained eighteen years of age for which the defendant was convicted as an adult.

(6) A request for sentence modification under this section shall:

(a) Be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material; and

(b) Be filed with the sentencing court and a copy shall be served on the prosecuting attorney in the county in which the sentence was imposed.

(7) After the filing of a motion to reduce a sentence pursuant to this section:

(a) The court may direct the parties to expand the record by submitting additional written materials relating to the motion;

(b) The court shall conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard;

(d) The defendant shall be present unless the defendant waives the right to be present; provided that this requirement may be satisfied by the defendant appearing by video teleconference;

(e) A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section, including any appeal, unless the defendant waives the right to counsel; and

(f) The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section.

(8) The prosecuting attorney or the defendant may file a notice of appeal for review of a final order under this section."

SECTION 3. This Act shall have retroactive application and apply to any sentences imposed on juvenile offenders entered before, on, or after the effective date of this Act.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2325
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII