Pretrial Reform 2.0 Presentation for Hawaii Correctional System Oversight Commission
Pretrial
Reform
2.0
Presentation to the
Hawaiʻi Correctional System Oversight Commission
11.19.20
Key Recommendations
Recs
NOT
Implemented
•
“Elimination” of use of money bail for
low-level, non-violent offenses
•
Rebuttable presumptions regarding
both release and detention for higher
level, non-violent offenses
PSD Headcounts
H
C
R
1
3
4
R
p
t
A
c
t
1
7
9
C
O
V
I
D
-
1
9
O
C
C
C
O
u
t
b
r
e
a
k
1: Elimination of Cash Bail for Low-Level Offenses
on Recog.
on Bail
2: Creating Rebuttable Presumptions for Release
“
l
e
a
s
t
r
e
s
t
r
i
c
t
i
v
e
c
o
n
d
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t
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o
n
s
”
t
o
e
n
s
u
r
e
a
p
p
e
a
r
a
n
c
e
/
s
a
f
e
t
y
TARGET POPULATIONS
H
C
R
1
3
4
T
a
s
k
F
o
r
c
e
•
Pretrial: Felony B and below
•
**non-violent
H
I
S
u
p
r
e
m
e
C
o
u
r
t
C
O
V
I
D
O
r
d
e
r
s
•
Pretrial MD/PMD (urging release OR,
signature bonds, SR)
•
Pretrial F (no 707, sex assault,
burglary, unlawful entry)
•
Sentenced MD/PMD
•
Sentenced Fel Probationers <18mo
•
Parole expediently (focus on
vulnerable)
•
**no family abuse
Legislative History
•
Items removed in legislative history
Presentation discussing key recommendations for pretrial reform in Hawaii including fairness in bail reports, faster bail processes, and fewer release conditions. The presentation also addresses recommendations that have not been implemented, legislative history, and target populations for reform efforts.
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Presentation Transcript
Pretrial Reform 2.0 Presentation to the Hawai i Correctional System Oversight Commission 11.19.20
Key Recommendations Fairness Bail reports Bail amounts Key Recommendations Faster bail reports Prompt bail hearings Fewer conditions on release More options and hours for payment Better Data, Stronger Policy Statewide Criminal Pretrial Justice Data System Criminal Justice Research Institute
Recs NOT Implemented Elimination of use of money bail for low-level, non-violent offenses Rebuttable presumptions regarding both release and detention for higher level, non-violent offenses
HCR134 Rpt COVID-19 OCCC Outbreak Act 179 PSD Headcounts
1: Elimination of Cash Bail for Low-Level Offenses MD, PMD, violations, traffic LOW-LEVEL RELEASE on Recog. Non-appearance Violent crime Previously Released Reasonable Prompt Hrg EXCEPTIONS BAIL SET on Bail *Non-violent Danger
2: Creating Rebuttable Presumptions for Release B/C FELONY RELEASE Felony least restrictive conditions to ensure appearance/safety of flight or danger Clear/Convincing Rebuttable presumption of risk If no condition or combination can mitigate risks CONDITIONS SERIOUS RISK *Non-violent DETENTION
TARGET POPULATIONS HCR134 Task Force Pretrial: Felony B and below **non-violent HI Supreme Court COVID Orders Pretrial MD/PMD (urging release OR, signature bonds, SR) Pretrial F (no 707, sex assault, burglary, unlawful entry) Sentenced MD/PMD Sentenced Fel Probationers <18mo Parole expediently (focus on vulnerable) **no family abuse
Legislative History Items removed in legislative history
