Hawaii Lawmakers Consider Revisions to Criminal Code Including Shorter Probation Terms

Some proposed revisions are minor, such as eliminating fees for court-ordered ankle monitors and reducing the time prosecutors can pursue parking ticket cases.

Other changes include decreasing probation terms for non-violent felonies and reclassifying possession of trace amounts of drugs from a felony to a misdemeanor. These alterations could impact many Hawaii residents each year.

A 2019 study by the Hawaii Interagency Council for Intermediate Sanctions found that a significant percentage of felony probationers did not incur arrests or violations during supervision. Most reoffenses or violations occur within the first year of supervision.

Probation requirements include regular meetings with officers, random searches of homes or vehicles, restrictions on leaving the jurisdiction, curfews, and house confinement in some cases.

These conditions can complicate employment and housing, which are often probation mandates. Violations of these terms can result in jail time without new criminal offenses.

probation terms may require resources for supervision, according to criminal justice experts.

Hayley Cheng, first deputy with the Office of the Public Defender, stated that the revisions provide an opportunity to reevaluate long-standing practices.

“We are starting to reevaluate some practices that have been in place for an incredibly long time," Hayley Cheng, first deputy with the Office of the Public Defender, said. The changes are an opportunity "to better address some of the concerns and maybe outdated practices that we were operating under." The revisions follow a decennial review process and could influence criminal justice operations if enacted. Next steps include legislative debates and potential passage during the current session. Affected parties include probationers, the court system, and enforcement agencies.”