Bill > SB2325

This bill allows courts to modify sentences for individuals convicted as adults for crimes committed before they turned eighteen, provided they have served at least fifteen years and the court determines they are not a danger to public safety and that the modification is in the interest of justice. The court must consider various factors, including the offense, the defendant's history and characteristics, their age at the time of the offense, reports from the department of corrections and rehabilitation, recommendations from the prosecuting attorney, evidence of maturity and rehabilitation, victim statements, mental health evaluations, childhood circumstances like abuse or trauma, the defendant's role in the offense, and the inherent differences between juvenile and adult culpability, such as immaturity and impulsivity. If a sentence is reduced, the individual will be subject to at least three years of supervised release. The bill also establishes procedures for filing motions for sentence modification, including hearings where the defendant has the right to be heard and to have legal counsel appointed if they cannot afford it, and allows for appellate review of the court's decision. Importantly, this Act applies retroactively to all sentences imposed on juvenile offenders, regardless of when they were sentenced.

Health and Social Services, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2325&year=2026