Bill > SB3042

This bill amends sentencing provisions for repeat offenders, specifically allowing judges, under certain circumstances, to sentence defendants convicted of certain class C felonies to probation instead of mandatory incarceration. Previously, repeat offenders convicted of specific class C felonies, along with other felonies, faced mandatory minimum prison sentences without the possibility of parole, limiting judicial discretion. This bill introduces a new subsection that permits a judge to grant probation if they find that the offense is a class C felony, the defendant would benefit from probation with appropriate conditions, does not pose a danger to public safety, and that mandatory incarceration would cause hardship. As a condition of probation, the defendant would still be required to serve some jail time, and if probation is violated, the court can re-sentence the defendant to the original mandatory term. The bill also makes a conforming change to another statute that outlines when a sentence of imprisonment can be withheld, now allowing for the use of this new probation provision for repeat offenders.

Government Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3042&year=2026