summary
Introduced
01/15/2025
01/15/2025
In Committee
02/14/2025
02/14/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
Requires the Department of Corrections and Rehabilitation to provide written notice to certain persons regarding the ability to file a claim for redress under applicable wrongful conviction law. Requires the liberal construction of that law. Changes the standard for a claim for compensation for wrongful imprisonment from actual innocence to grounds consistent with innocence. Provides for advance compensation for petitioners under certain circumstances. Requires the State to prove, for claims for compensation for wrongful imprisonment, that the reversal or vacating of the petitioner's conviction or pardoning of the petitioner was inconsistent with innocence. Requires reports to Legislature from the Department of the Attorney General. (SD1)
AI Summary
This bill aims to improve Hawaii's wrongful imprisonment compensation law by making several key changes. The legislation requires the Department of Corrections to provide written notice to individuals whose criminal convictions have been reversed or vacated, or who have been pardoned, about their ability to file a claim for redress. The bill introduces a more liberal interpretation of the existing law, designed to ensure that people wrongfully convicted and imprisoned can more easily receive compensation. It changes the standard for compensation from requiring explicit "actual innocence" to a broader standard that supports the conclusion that the person did not commit the crime. The bill also establishes a presumptive validity for petitions from individuals whose convictions were overturned or who were pardoned, and creates an advance compensation mechanism that provides petitioners with $5,000 monthly payments (totaling up to the equivalent of one year's compensation) while their claim is being processed. Additionally, the bill requires the Attorney General to report to the Legislature about the status of all petitions filed under this law for the next three years, providing transparency about how these claims are being handled. The underlying goal is to provide a more supportive and expeditious process for individuals who have been wrongfully convicted and imprisoned to seek financial redress.
Committee Categories
Budget and Finance, Justice
Sponsors (8)
Stanley Chang (D)*,
Chris Lee (D)*,
Karl Rhoads (D)*,
Joy San Buenaventura (D)*,
Brandon Elefante (D),
Mike Gabbard (D),
Les Ihara (D),
Lorraine Inouye (D),
Last Action
Carried over to 2026 Regular Session. (on 12/08/2025)
Official Document
bill text
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bill summary
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