The Hawaii Legislature passed justice reinvestment reforms in 2012. The law requires that risk assessments be conducted for inmates being considered for release and that certain low-risk inmates be released after completing the minimum sentence. The law expands probation eligibility for some drug offenders and caps incarceration for first parole rule violations. Pretrial detainees also will receive risk assessments under the new law. The changes are projected to save Hawaii as much as $130 million over five years, including a $3.4 million reinvestment in FY2013 for improved supervision and treatment programs. The law and reinvestment plan, developed by a bipartisan, interbranch justice reinvestment work group, included analysis of victimization, supervision and incarceration rates.
Requires a risk assessment of pretrial detainees to measure the defendant's flight risk and likelihood of criminal conduct while on pretrial release. Instructs the parole board to use a risk assessment when considering release to parole and requires inmates identified as low risk be released at their minimum sentence except for certain violent, repeat and sex offenders. Limits the length of incarceration for certain first-time parole violations. Increases the amount of victim restitution deducted from inmate earnings.
Allows certain second-time drug offenders to be eligible for probation. Limits the length of probation for some class B and C felony offenses.
Appropriates $3.4 million for the Justice Reinvestment Initiative for additional staff and support of pretrial risk assessments, research and planning, reentry programs, risk assessment and victims services, parole supervision, evidence-based supervision, drug treatment, and crime victim assistance.
Appropriates $4 million in FY2013-14 and $7 million in FY2014-15 in support of the Justice Reinvestment Initiative to reopen the Kulani correctional facility and transition inmates and services back to Hawaii.
Removes the requirement that reentry centers conduct pretrial assessments for presentence reports. Instead requires that the centers compile pretrial bail reports, as ordered by the court.
Full summaries of legislation can be found in NCSL’s Sentencing and Corrections Enactment Database.
- Hawaii Governor Press Release regarding justice reinvestment (Jan. 17, 2012)
Return to NCSL’s Justice Reinvestment State Resources page or learn more about NCSL’s Criminal Justice program.