Bill > HB127

This bill aims to reform Hawaii's pretrial release system by ensuring that bail is set at an amount defendants can actually afford, with a focus on protecting individual constitutional rights and reducing socioeconomic disparities in the criminal justice system. The legislation modifies existing law to require courts to consider a defendant's financial circumstances when setting bail, explicitly excluding income from public benefits and income below the federal poverty level from bail calculations. If a defendant has no income beyond public benefits or lives in a household with income below 150% of the federal poverty level, the court must presume they cannot pay any bail amount. For defendants with household income above that threshold, courts must consider what they could reasonably pay within 40 hours of arrest. The bill acknowledges that the current cash bail system disproportionately impacts Native Hawaiians, Pacific Islanders, and people of color, and seeks to address this by making bail more equitable. Additionally, the legislation recognizes the significant financial burden of pretrial detention, noting that it costs the state approximately $250 per day to incarcerate each adult and that 78% of jail populations are people awaiting trial. The bill preserves defendants' rights to legal representation and the opportunity to be heard at bail hearings, with courts required to document their considerations of the defendant's financial circumstances on the record.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=127&year=2026