H.B. 1253 Summary

• Establishes the Hawaii Opportunity Probation with Enforcement Program statewide, administered by the judiciary in consultation with public defenders and county prosecutors, based on a model successfully implemented in Honolulu from 2004-2019.

• Requires one primary judge and one backup judge per circuit to hold hearings with both defense and prosecuting attorneys present; participants attend a warning hearing where they learn program goals, probation conditions, and potential jail sanctions for violations.

• Implements swift and certain sanctions for probation violations including: up to 7 hours confinement for missed appointments, 2 days jail for admitted drug use, 15 days for confirmed positive drug tests, and 30 days for tampering with drug tests or missing appointments by 5+ days.

• Directs probation officers to conduct randomized drug testing of appropriate participants and immediately take custody of participants who test positive and admit drug use, with hearings scheduled within 2 business days.

• Targets higher-risk felony probationers and allows early probation termination after 2 years of compliance; research cited shows participants were 55% less likely to be arrested for new crimes and 72% less likely to use drugs compared to regular probation.