HI HCR16

Requests the Judicial Council to appoint a committee to review the Hawaii Penal Code and recommend revisions to ensure judicial discretion, consistency, and fairness in sentencing repeat offenders.

Committee composition includes 16 member categories: prosecuting attorney of Honolulu (chairperson), Judiciary representative, legislative members, Attorney General, Public Defender, county prosecutors and police, economists, psychologists/social workers, private citizens, criminal law attorneys, prisoner advocacy representatives, and victim advocacy groups.

Committee must review HOPE Probation (Hawaii's Opportunity Probation with Enforcement) program, which uses swift and immediate sanctions for probation violations to reduce recidivism among drug offenders and other high-risk individuals.

Committee members serve without compensation but may be reimbursed for mileage, parking, and neighbor island transportation costs; committee members are exempt from Hawaii Revised Statutes chapter 84 conflict of interest requirements.

Judicial Council must submit findings, recommendations, and any proposed legislation to the Governor and Legislature no later than 20 days before the start of the 2023 Regular Session.