Bill > HB127

This bill aims to reform the pretrial release system in Hawaii by requiring bail to be set at an amount that defendants can actually afford, addressing systemic inequities in the current bail process. The legislation recognizes that the existing cash bail system disadvantages poor people and disproportionately affects Native Hawaiians, Pacific Islanders, and people of color, who are more likely to be arrested and unable to pay bail. When setting bail, courts must now exclude income from public benefits and income below the federal poverty level, and presume defendants are unable to pay bail if they have no income beyond public benefits or if their household income is below 150% of the federal poverty level. For those with household income above that threshold, courts must consider what the defendant could reasonably pay within 40 hours of arrest. The bill requires courts to document their reasoning for bail determinations and maintains defendants' rights to a prompt hearing about their release, with the opportunity to be represented by counsel. The underlying purpose is to reduce pretrial incarceration, address jail overcrowding (with 78% of jail occupants currently awaiting trial), and ensure that an individual's liberty is not threatened by their economic status or ethnicity.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=127&year=2025