HB2561 Summary

• Implements recommendations of the Penal Code Review Committee to revise Hawaii's penal code for fair and proportionate punishment, with particular focus on provisions based on dollar amounts and cost-effective crime deterrence.

• Increases felony theft thresholds from $300 to $750 for theft in the second degree and from $100 to $250 for theft in the third degree to account for inflation since 1986; modifies habitual property crime definition to include more repeat offenders with a 10-year look-back period.

• Clarifies insanity and fitness-to-proceed provisions in chapter 704 by limiting conditional release to one year in nonfelony cases, requiring examination reports to director of health, and allowing defendants to be examined while in custody or on release.

• Removes mandatory minimum prison terms for repeat small drug possession offenses to allow probation and treatment; repeals methamphetamine trafficking in the second degree felony and consolidates drug offenses, allowing distribution of small amounts to be prosecuted as promotion of dangerous drugs.

• Establishes priority order for defendant payments (restitution first, then victim compensation fee, probation fees, other fees, DNA assessment, then fines); amends sentencing provisions including intermediate sanctions eligibility and discretionary probation conditions; creates new felony offense of resisting order to stop motor vehicle in first degree for high-speed police pursuits.