A bill aimed at curbing overcrowding in Hawaii’s jails has cleared its first legislative hurdle.
House Bill 1336, introduced by Oahu Democrat Sonny Ganaden, requires police to issue citations instead of arresting people for certain offenses, mandates the prosecution to prove a defendant’s release would be inappropriate, and requires that bail be set in an amount the defendant can afford.
The measure also would prohibit the denial of pretrial release for defendants, or revocation of probation or parole, based solely upon a positive drug test.
Reps. Jeanne Kapela and David Tarnas, both Big Island Democrats, were among the measure’s co-introducers.
The community correctional centers in three of Hawaii’s four counties — all but Kauai — are overcrowded, according to the Department of Public Safety’s latest population report released Feb 6. Hawaii Community Correctional Center in Hilo reported 298 inmates, 131% percent of the jail’s operational capacity of 206 inmates. Of those, 148 are pretrial detainees facing felony charges, and 19 are pretrial defendants charged with misdemeanors.
Hawaii County Prosecutor Kelden Waltjen was among those testifying Feb. 3 before the House Committee on Corrections, Military and Veterans in opposition to the bill, which passed with amendments.
Waltjen, called the measure “well-intended,” but added that “the consequences of this bill’s overbreadth are concerning.”
Waltjen’s written testimony provided a laundry list of charges for which an issuance of a “citation without arrest” would be mandated under the bill, including, in part: auto theft, unauthorized entry to a motor vehicle, second-degree burglary, unlawful imprisonment, promoting pornography to minors, violating an injunction for harassment, resisting arrest, impersonating a police officer, and interfering with the report of an emergency or crime.
“Jeopardizing public safety concerns simply on the account of overcrowding and correctional facility conditions is misplaced and misguided. Perhaps, prioritizing facility construction and repair would be a better use of time and resources,” Waltjen told the lawmakers. “… Community members have made it very clear that they no longer feel safe in their homes and communities. Let’s address that.”
Lee Hayakawa, the state’s chief deputy public defender, testified in favor of the bill. He said it “offers at least a partial solution to this grave issue facing the state” and “provides a real possibility of getting those numbers down to where they should be.”
“The stark reality of this situation is that we cannot continue to do what we have been doing for decades. This problem is not a problem that will take care of itself or resolve itself. The stark reality is we cannot keep cramming fellow human beings into jails and prisons in Hawaii.”
Written testimony in support of the bill was provided by the American Civil Liberties Union Hawaii, Hawaii Association of Civil Defense Lawyers and the Hawaii Health and Harm Reduction Center.
The Hawaii Correctional System Oversight Commission said it “supports the intent” of the legislation but would “defer to the Judiciary and other appropriate agencies as to the details of this measure.”
The state Department of Public Safety provided comments, saying it “agrees with the objectives” of the bill, but suggested “judicial discretion regarding the issuance of warrants remain with the courts.”
The Hawaii Paroling Authority, the Judiciary, the Honolulu and Maui prosecuting attorneys and the State of Hawaii Organization of Police Officers were among those providing written testimony in opposition.
Committee Chairman Mark Hashem called the legislation “a work in progress,” and authorized numerous amendments suggested by Ganaden to the bill, including making Class C felony charges ineligible for citations instead of arrests. He also changed the effective date of the bill to June 30, 3000.
The bill passed the committee unanimously, although three lawmakers voted aye with reservations. It will be forwarded in its amended form to the Judiciary and Hawaiian Affairs Committee, which hasn’t yet set a hearing for it.
Another measure, HB 1335, would provide that after making an arrest, an officer could issue the arrestee an appearance ticket stating the date and time of the initial court appearance, and then release the arrestee from custody. The measure also would broaden the range of offenses for which a police officer may issue a citation instead of arresting the alleged offender, provided certain conditions are met.
That bill, also introduced by Ganaden, was deferred Tuesday by Tarnas, the Judiciary and Hawaiian Affairs chairman, who noted the committee will be hearing HB 1336, which he described as “a similar bill.”
Email John Burnett at jburnett@hawaiitribune-herald.com.
