Bill > HB151

This bill aims to improve Hawaii's wrongful imprisonment compensation law by making several key changes. First, it requires the State to provide written notice to individuals whose criminal convictions have been reversed or vacated, or who have been pardoned, informing them of their ability to file a claim for compensation. The bill mandates that the law be "liberally construed" to ensure that wrongfully convicted individuals receive compensation. A significant new provision introduces advance compensation, where petitioners who were imprisoned for at least one year can receive $5,000 initially, followed by monthly $5,000 payments until they receive an amount equivalent to one year's compensation (which is $50,000 per year of imprisonment), provided no new charges are filed. The bill also clarifies the legal standard for "actual innocence," following a recent Hawaii Supreme Court decision, by requiring court orders to support the conclusion that the petitioner did not commit the crime. Additionally, the bill requires the Department of the Attorney General to submit detailed reports to the Legislature about wrongful conviction petitions every year from 2026 to 2028, including information about each petition's status, compensation, and outcome. These changes are intended to make the compensation process more transparent, supportive, and accessible for individuals who have been wrongfully convicted and imprisoned.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=151&year=2026