Criminal Justice (Corrections)

Establishes the procedure that a circuit court shall follow upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay, through a warrant for payment issued by the Comptroller, advance compensation to any petitioner who was convicted in a court of the State, imprisoned for at least one year, and whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence. Requires the Department of Corrections and Rehabilitation to immediately notify the Department of Human Services so the Department of Human Services may assign a case manager to a petitioner upon the petitioner's release. Requires the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed. Provides that the Judiciary and Department of Corrections and Rehabilitation shall retain jurisdiction over the person for the purposes of effectuating this process. Authorizes the State to seek reimbursement from the applicable county for any losses incurred by the State pursuant to this process. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies eligibility to seek compensation for persons whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and where the charges were dismissed. Shifts the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacation of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD2)

SB 2688 establishes a state protocol for releasing incarcerated individuals who are seriously ill or debilitated due to medical conditions. It directly affects people in state custody with severe health issues who meet specific medical criteria. The bill creates a formal process for prison officials to evaluate and approve compassionate release requests, replacing current ad-hoc practices. Currently, the bill is under review by the PSM committee, having passed its first reading on January 26, 2026, with a public hearing scheduled for February 4, 2026.

HB 1253 establishes Hawaii's Opportunity Probation with Enforcement (HOPE) program, administered by the Judiciary, to manage probation for individuals in the state. The program directly affects people on probation by requiring immediate, short jail terms for violations (like missed appointments or drug use) instead of lengthy suspensions. This enforcement-focused approach aims to reduce recidivism through swift, predictable consequences. The bill creates a structured framework for probation supervision under court oversight, replacing traditional methods with this evidence-based model.

HB 917 would require a minimum prison sentence for individuals convicted of possessing methamphetamine or fentanyl. It directly affects people charged with these specific drug possession offenses by eliminating judicial discretion in sentencing for these crimes. The bill's key provision mandates a fixed term of imprisonment without consideration of individual circumstances, such as prior record or mitigating factors. This legislation is currently pending in committee and has not yet advanced to a vote.

Includes correctional workers as protected participants in peer support counseling sessions, giving them the same confidentiality protections provided to law enforcement officers and emergency services personnel.

Increases the mandatory minimum jail sentence for a first conviction of knowingly or intentionally violating a temporary restraining order from forty-eight to seventy-two hours. Requires mandatory mental health counseling for a first conviction of knowingly or intentionally violating a temporary restraining order.

HB 2191 increases penalties for repeat offenders by doubling both fines and prison sentences for individuals convicted of repeated violent crimes (like assault or robbery) or property crimes (such as burglary or theft). This bill directly affects people with prior convictions in these categories who are sentenced for new offenses. The key provision mandates that courts must apply double the standard penalties under existing law for these repeat offenses. The bill was introduced on January 26, 2026, and referred to the Judiciary and Health Affairs committee on January 30.

Requires a mandatory twelve-month minimum sentence of incarceration, without the possibility of parole, for a conviction of theft in the first degree when the value of the property or services stolen exceeds $250,000, whether imposed as a mandatory minimum sentence for an indeterminate term of imprisonment or as a condition of probation, in addition to any other authorized disposition such as restitution or a fine. (SD1)