STAND. COM. REP. NO. 2883

Honolulu, Hawaii

RE: S.B. No. 2325

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2325 entitled:

"A BILL FOR AN ACT RELATING TO JUVENILE OFFENDERS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize courts to modify sentences imposed on juvenile offenders if certain conditions are met and 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; and

(2) Establish procedures, provide for hearings and representation by counsel, and authorize appellate review.

Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, Office of Hawaiian Affairs, ACLU Hawaiʻi, Human Rights for Kids, Campaign for the Fair Sentencing of Youth, Hawaiʻi Friends of Restorative Justice, and one individual.

Your Committee finds that juveniles in the criminal justice system are often immature, impulsive, and influenced by negative peers and family members. Additionally, these juvenile offenders may be in foster care without strong or supportive parental guidance and may be victims of horrific crimes that may include physical and sexual abuse. Your Committee further finds that hope is a powerful motivation for rehabilitation and positive outcomes because individuals are incentivized when presented with an opportunity to prove that they have learned from their mistakes, take positive steps to improve their attitudes and understanding, and demonstrate real change. This measure will establish a second-look sentencing mechanism to allow courts to recognize demonstrated maturity and ability for rehabilitation and reintegration for certain juvenile offenders.

Your Committee has amended this measure by:

(1) Requiring a defendant to have served not less than twelve years, rather than fifteen years, to be eligible for a reduced term of imprisonment where the defendant was convicted as an adult for an offense committed and completed before the defendant attained eighteen years of age;

(2) Requiring the period of supervised release to be administered in the manner of parole supervision pursuant to part IV of chapter 706, Hawaii Revised Statutes; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2325, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2325, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair