A bill passed last week by state Legislature would eliminate the use of monetary bail and require defendants to be released on their own recognizance for certain nonviolent offenses.
House Bill 1567 would eliminate bail for nonviolent misdemeanors, petty misdemeanors and Class C felonies, with some exceptions. The bill, if signed into law by Gov. David Ige or allowed to become law without his signature, would take effect immediately.
Written testimony was overwhelmingly in support of the measure, with those in favor including the Office of the Public Defender, the state Judiciary, the Hawaii Correctional System Oversight Commission, Community Alliance on Prisons, Faith Action for Community Equity, the League of Women Voters of Hawaii, Hawaii Alliance for Progressive Action, Imua Alliance, Common Cause Hawaii and the American Civil Liberties Union of Hawaii.
The Office of the Public Defender advocated for abolition of money bail as a condition of release.
“It is a poor tool for achieving pretrial justice,” its testimony stated. “The money bail system incarcerates poor people because they are poor, not because they have been convicted of a crime and not because they are a danger to others. Meanwhile, that same system allows dangerous but wealthy people to post their bond and be released. Our current bail practice in Hawaii is not punishing the most guilty, but rather the people who cannot afford to pay for their release.”
Retired Third Circuit Chief Judge Ronald Ibarra, testifying as a private citizen, submitted testimony in favor of the bill.
“The jail population consist of a large number of pretrial detainees who do not have the financial ability to post bail,” Ibarra said, who noted the legislation would allow those detainees “charged with certain nonviolent crimes to be considered in the same light as the wealthy.”
“Incarceration traumatizes and creates inequities in obtaining housing, employment, child custody and other necessities in life,” he added. “Pretrial detention affects not only the defendant but also (their) family and dependents.”
Those submitting testimony in opposition include Attorney General Holly Shikada, Honolulu City Prosecutor Steven Alm, Maui County Prosecutor Andrew Martin, Retail Merchants of Hawaii and the State of Hawaii Organization of Police Officers.
Robert “Bobby” Cavaco, president of SHOPO, the statewide police union, said officers “are on the front lines battling crime 24 hours a day, seven days a week, 365 days a year” and see “habitual criminals and repeat offenders … set free without any consequences.”
Cavaco suggested building “a new prison with greater capacity” to solve overcrowding issues.
“Millions of dollars have been spent on studies and planning for the construction of a new prison, but funding is suddenly in jeopardy,” he testified. “Rather than build a new prison, the solution being offered is to let repeat offenders go free in our community without bail where they will be allowed to continue terrorizing our citizens.”
Hawaii County Prosecutor Kelden Waltjen didn’t submit testimony on the bill, but has written to Ige, asking that he “exercise his veto authority.”
“We disagree that the imposition of a presumption of release mandate that jeopardizes the safety of our community is an appropriate means to address our outdated correctional facilities and overcrowding issues,” Waltjen wrote. “We believe that a defendant’s pretrial release status should be evaluated on a case-by-case basis in order to appropriately assess a defendant and determine any public safety concerns.
“Of particular concern is that HB 1567 is overbroad and provides for a presumption of release for a wide range of offenses, including individuals charged with the following: theft of services or property of a value under $20,000; criminal property damage up to $20,000; unauthorized control of propelled vehicle; unauthorized entry into a motor vehicle; theft of credit card; identity theft; criminal trespass; open lewdness; possession of a childlike sex doll; violation of an injunction against harassment; impersonating a law enforcement officer; resisting arrest; interference with reporting an emergency or crime; possession with the intent to distribute controlled substances in, on, or near schools, school buses, and public parks; and other offenses.”
Oahu Sen. Kurt Fevella, the lone Republican in the chamber, said in Monday letter to Ige he’s “received an overwhelming number of calls and texts from my constituents and from residents of neighboring islands expressing strong opposition” to the bill and is urging the governor to veto the measure.
Fevella said he voted against the bill in its final reading because he shares “the concerns of my constituents regarding the potential for the automatic release of a defendant for ‘nonviolent,’ but dangerous Class C felony offenses.”
The bill, introduced by Rep. Scot Matayoshi, a Windward Oahu Democrat, was co-introduced by 18 other House members, including Big Island Reps. Greggor Ilagan, Nicole Lowen, Richard Onishi and David Tarnas.
The final version of the bill received “no” votes from seven senators, including Hawaii Island Sen. Lorraine Inouye, and six representatives, none from the Big Island.
Email John Burnett at jburnett@hawaiitribune-herald.com.
