Bill > SB2749

This bill amends sentencing provisions for repeat offenders, specifically allowing courts, under certain circumstances, to sentence defendants convicted of specific class C felonies to probation instead of mandatory incarceration. Previously, existing law required mandatory minimum sentences for repeat offenders, limiting judicial discretion. This change aims to promote rehabilitation by giving judges the option to impose probation with appropriate conditions, including a jail term, if they find the defendant would benefit from it, does not pose a danger to public safety, and that incarceration would cause hardship. If a defendant violates probation, the court can re-sentence them to the original mandatory term. The bill also clarifies that this new probation option can be used even when a defendant is considered a repeat offender under section 706-606.5 of Hawaii Revised Statutes, which outlines mandatory minimum sentences for various felonies. This new provision is set to take effect on July 1, 2050.

Government Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2749&year=2026