Bill > SB725

This bill seeks to strengthen Hawaii's bail reform efforts by requiring judges to make detailed, on-the-record findings regarding a defendant's ability to afford bail, addressing previous shortcomings in the implementation of Act 179 from 2019. Specifically, the bill amends Section 804-9 of Hawaii Revised Statutes to mandate that when imposing monetary bail, judges must explicitly document: their consideration of the defendant's financial ability to pay, their acceptance or rejection of intake service center findings about the defendant's finances (with explanation if rejected), a detailed explanation of how the bail amount was calculated, and a justification for why no less restrictive financial or non-financial conditions will suffice to ensure the defendant's court appearance and public safety. If a bail amount exceeds a defendant's ability to pay, the judge must explain why that specific amount is the lowest necessary to ensure public safety and court appearance. The bill's context stems from research showing that previous bail reforms have not significantly reduced pretrial detention, and judicial procedures have remained largely unchanged despite legislative intent to create a more equitable bail system. By requiring explicit, documented findings, the bill aims to create a fairer pretrial process and enable more meaningful appellate review of bail decisions.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=725&year=2026