CONFERENCE COMMITTEE REP. NO. 48-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2721

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2721, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ADMINISTRATION OF JUSTICE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to implement recommendations from the 2025 Advisory Committee on Penal Code Review, established pursuant to Act 245, Session Laws of Hawaii 2024, to amend the Hawaii Penal Code.

Your Committee on Conference finds that the 2025 Advisory Committee on Penal Code Review convened pursuant to Act 245, Session Laws of Hawaii 2024, to promote a Hawaii Penal Code that is consistent and proportional across classes of offenses, aligned with national best practices and evidence-based strategies, cost-effective in advancing penal interests and providing equal justice to all in the State, and responsive to offenders suffering from mental illness. This measure adopts the recommendations of the Advisory Committee, which gained supermajority approval of the overall Committee in plenary session.

Your Committee on Conference has amended this measure by:

(1) Specifying that, on or before July 1, 2027, the Judiciary, in consultation with the Department of Corrections and Rehabilitation and Department of the Attorney General, is required to establish and administer a statewide program that allows the posting of monetary bail seven‑days‑a‑week for defendants who remain in the custody of the Director of Corrections and Rehabilitation; and

(2) Inserting an effective date of September 1, 2026.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2721, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2721, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ DAVID A. TARNAS Co-Chair	____________________________ KARL RHOADS Chair
____________________________ MATTHIAS KUSCH Co-Chair