HB 280: Community Outreach Court; Establishment; Homelessness; Department of Law Enforcement; Office of the Public Defender; City and County of Honolulu Office of the Prosecuting Attorney; Appropriations
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-25
Current Status:
In Progress
(2025-06-26: Act 229, on 06/26/2025 (Gov. Msg. No. 1331).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill permanently creates a Community Outreach Court in the First Circuit District Court to handle nonviolent, nonfelony cases affecting people experiencing homelessness on Oahu. The court lets prosecutors and public defenders work together to offer plea agreements, hold hearings at community sites, use alternatives to fines like community service or treatment, and connect participants with social and health services. It also provides funding for staff to run the court, including a deputy sheriff position and paralegal positions for the public defender and the Honolulu prosecuting attorney.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Permanently establishes and appropriates funds to the Department of Law Enforcement, Office of the Public Defender, and City and County of Honolulu Department of the Prosecuting Attorney for the Community Outreach Court as a division of the District Court of the First Circuit. (CD1)
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 4/23/2057. (SD1)
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 7/1/3000. (HD3)
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 7/1/3000. (HD2)
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 7/1/3000. (HD1)
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
280 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 3 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under Act 55, Session Laws of Hawaii 2017, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community court outreach project. The goal of the community court outreach project is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees. By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing. The community court outreach project social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.
The legislature finds that the community court outreach project has been successful. Since its inception, the project has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.
Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Definitions. As used in this chapter:
"Community outreach court" or "court" means a division of the district court of the first circuit that shall address cases brought before it for nonviolent, nonfelony defendants in which the prosecuting attorney and public defender have reached plea agreements.
"Prosecuting attorney" means:
(1) The prosecuting attorney for the city and county of Honolulu; and
(2) Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu.
"Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.
§ -2 Community outreach court; establishment. (a) The community outreach court shall be established as a division of the district court of the first circuit.
(b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.
§ -3 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to defendants deemed appropriate, after application and acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.
§ -4 Principles and components of the court. The community outreach court shall include the following components:
(1) Emphasis on the early identification and timely placement of eligible defendants;
(2) Cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Alternative sentencing of defendants, such as community service and participation in programs based upon the defendant's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;
(4) Establishment of a coordinated strategy by the community outreach court to respond to a defendant's compliance or noncompliance with the defendant's sentence; and
(5) Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.
§ -5 Court process. (a) The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.
(b) The court may only hear and dispose of cases involving nonviolent, nonfelony offenses under laws of the State and ordinances of the city and county of Honolulu determined to be appropriate by the department of the prosecuting attorney of the city and county of Honolulu.
(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:
(1) Are willing to participate in the court;
(2) Are willing to be represented by the public defender; and
(3) May benefit from participation in the court.
After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.
(d) Defendants on the potential participant list charged by the department of the prosecuting attorney of the city and county of Honolulu shall be reviewed by the prosecuting attorney, who will decide whether they should participate in the court proceedings. The prosecuting attorney may enter into plea agreement negotiations with the public defender for disposition of those defendants accepted into the community outreach court.
(e) The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.
(f) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."
SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $71,030 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) deputy sheriff position to support the community outreach court.
The sums appropriated under this section shall be expended by the department of law enforcement for the purposes of this Act.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $45,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) paralegal position.
The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $90,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for one full-time equivalent (1.0 FTE) paralegal position.
The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. This Act shall take effect on July 1, 2025.
Report Title:
Community Outreach Court; Establishment; Homelessness; Department of Law Enforcement; Office of the Public Defender; City and County of Honolulu Office of the Prosecuting Attorney; Appropriations
Description:
Permanently establishes and appropriates funds to the Department of Law Enforcement, Office of the Public Defender, and City and County of Honolulu Department of the Prosecuting Attorney for the Community Outreach Court as a division of the District Court of the First Circuit. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
280 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 3 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under Act 55, Session Laws of Hawaii 2017, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community court outreach project. The goal of the community court outreach project is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees. By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing. The community court outreach project social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.
The legislature finds that the community court outreach project has been successful. Since its inception, the project has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.
Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Definitions. As used in this chapter:
"Community outreach court" or "court" means a division of the district court of the first circuit that shall address cases brought before it for nonviolent, nonfelony defendants in which the prosecuting attorney and public defender have reached plea agreements.
"Prosecuting attorney" means:
(1) The prosecuting attorney for the city and county of Honolulu; and
(2) Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu.
"Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.
§ -2 Community outreach court; establishment. (a) The community outreach court shall be established as a division of the district court of the first circuit.
(b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.
§ -3 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to defendants deemed appropriate, after application and acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.
§ -4 Principles and components of the court. The community outreach court shall include the following components:
(1) Emphasis on the early identification and timely placement of eligible defendants;
(2) Cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Alternative sentencing of defendants, such as community service and participation in programs based upon the defendant's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;
(4) Establishment of a coordinated strategy by the community outreach court to respond to a defendant's compliance or noncompliance with the defendant's sentence; and
(5) Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.
§ -5 Court process. (a) The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.
(b) The court may only hear and dispose of cases involving nonviolent, nonfelony offenses under laws of the State and ordinances of the city and county of Honolulu determined to be appropriate by the department of the prosecuting attorney of the city and county of Honolulu.
(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:
(1) Are willing to participate in the court;
(2) Are willing to be represented by the public defender; and
(3) May benefit from participation in the court.
After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.
(d) Defendants on the potential participant list charged by the department of the prosecuting attorney of the city and county of Honolulu shall be reviewed by the prosecuting attorney, who will decide whether they should participate in the court proceedings. The prosecuting attorney may enter into plea agreement negotiations with the public defender for disposition of those defendants' accepted into the community outreach court.
(e) The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.
(f) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."
SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:
(1) $ for security through a contracted service provider;
(2) $ for facilities and associated costs, including for use of the Waianae public library;
(3) $ for equipment, including laptops and a mobile hotspot for internet access;
(4) $ for transportation costs, including a van and associated parking costs; and
(5) $ for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
The judiciary may enter into an intergovernmental agreement or memorandum of understanding with the office of the public defender, department of the prosecuting attorney of the city and county of Honolulu, department of the attorney general, or any other agency of the State or the city and county of Honolulu for the purpose of collaboration, cooperation, coordination, combination of resources, funding distribution, or the administration of the community outreach court.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:
(1) $ each for full-time equivalent ( FTE) court clerk positions;
(2) $ for full-time equivalent ( FTE) court bailiff position;
(3) $ for full-time equivalent ( FTE) adult client services branch judicial clerk V position; and
(4) $ each for full-time equivalent ( FTE) adult client services branch social worker positions.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for full-time equivalent ( FTE) deputy sheriff positions to support the community outreach court.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:
(1) $ for full-time equivalent ( FTE) deputy public defender;
(2) $ for full-time equivalent ( FTE) paralegal; and
(3) $ for full-time equivalent ( FTE) social service or mental health care professional assigned to the office of the public defender.
The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:
(1) $ for full-time equivalent ( FTE) deputy prosecuting attorney;
(2) $ for full-time equivalent ( FTE) paralegal; and
(3) $ for full-time equivalent ( FTE) legal assistant.
The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. This Act shall take effect on April 23, 2057.
Report Title:
Judiciary; Community Outreach Court; Homelessness; Appropriations
Description:
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 4/23/2057. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
280 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 3 |
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STATE OF HAWAII |
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|
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A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under Act 55, Session Laws of Hawaii 2017, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community court outreach project. The goal of the community court outreach project is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees. By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing. The community court outreach project social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.
The legislature finds that the community court outreach project has been successful. Since its inception, the project has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.
Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Definitions. As used in this chapter:
"Community outreach court" or "court" means a division of the district court of the first circuit that shall address cases brought before it for nonviolent, nonfelony defendants in which the prosecuting attorney and public defender have reached plea agreements.
"Prosecuting attorney" means:
(1) The prosecuting attorney for the city and county of Honolulu;
(2) Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu;
(3) The attorney general; and
(4) Any deputy attorney general of the department of the attorney general.
"Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.
§ -2 Community outreach court; establishment. (a) The community outreach court shall be established as a division of the district court of the first circuit.
(b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.
§ -3 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to defendants deemed appropriate, after application and acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.
§ -4 Principles and components of the court. The community outreach court shall include the following components:
(1) Emphasis on the early identification and timely placement of eligible defendants;
(2) Cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Alternative sentencing of defendants, such as community service and participation in programs based upon the defendant's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;
(4) Establishment of a coordinated strategy by the community outreach court to respond to a defendant's compliance or noncompliance with the defendant's sentence; and
(5) Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.
§ -5 Court process. (a) The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.
(b) The court may only hear and dispose of cases involving nonviolent, nonfelony offenses under laws of the State and ordinances of the city and county of Honolulu determined to be appropriate by the department of the prosecuting attorney of the city and county of Honolulu.
(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:
(1) Are willing to participate in the court;
(2) Are willing to be represented by the public defender; and
(3) May benefit from participation in the court.
After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.
(d) Defendants on the potential participant list charged by the department of the prosecuting attorney of the city and county of Honolulu shall be reviewed by the prosecuting attorney, who will decide whether they should participate in the court proceedings. The prosecuting attorney may enter into plea agreement negotiations with the public defender for disposition of those defendants' accepted into the community outreach court.
(e) The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.
(f) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."
SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:
(1) $ for security through a contracted service provider;
(2) $ for facilities and associated costs, including for use of the Waianae public library;
(3) $ for equipment, including laptops and a mobile hotspot for internet access;
(4) $ for transportation costs, including a van and associated parking costs; and
(5) $ for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
The judiciary may enter into an intergovernmental agreement or memorandum of understanding with the office of the public defender, department of the prosecuting attorney of the city and county of Honolulu, department of the attorney general, or any other agency of the State or the city and county of Honolulu for the purpose of collaboration, cooperation, coordination, combination of resources, funding distribution, or the administration of the community outreach court.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:
(1) $ each for full-time equivalent ( FTE) court clerk positions;
(2) $ for full-time equivalent ( FTE) court bailiff position;
(3) $ for full-time equivalent ( FTE) adult client services branch judicial clerk V position; and
(4) $ each for full-time equivalent ( FTE) adult client services branch social worker positions.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for full-time equivalent ( FTE) deputy sheriff positions to support the community outreach court.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for full-time equivalent ( FTE) deputy attorney general tasked with duties for the community outreach court.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:
(1) $ for full-time equivalent ( FTE) deputy public defender;
(2) $ for full-time equivalent ( FTE) paralegal; and
(3) $ for full-time equivalent ( FTE) social service or mental health care professional assigned to the office of the public defender.
The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:
(1) $ for full-time equivalent ( FTE) deputy prosecuting attorney;
(2) $ for full-time equivalent ( FTE) paralegal; and
(3) $ for full-time equivalent ( FTE) legal assistant.
The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary; Community Outreach Court; Homelessness; Appropriation
Description:
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 7/1/3000. (HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
280 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under Act 55, Session Laws of Hawaii 2017, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community court outreach project. The goal of the community court outreach project is to assist nonviolent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees. By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing. The community court outreach project social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.
The legislature finds that the community court outreach project has been successful. Since its inception, the project has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.
Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Definitions. As used in this chapter:
"Community outreach court" or "court" means a division of the district court of the first circuit that shall address cases brought before it for nonviolent, nonfelony defendants in which the prosecuting attorney and public defender have reached plea agreements.
"Prosecuting attorney" means:
(1) The prosecuting attorney for the city and county of Honolulu;
(2) Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu;
(3) The attorney general; and
(4) Any deputy attorney general of the department of the attorney general.
"Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.
§ -2 Community outreach court; establishment. (a) The community outreach court shall be established as a division of the district court of the first circuit.
(b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.
§ -3 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to defendants deemed appropriate, after application and acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.
§ -4 Principles and components of the court. The community outreach court shall include the following components:
(1) Emphasis on the early identification and timely placement of eligible defendants;
(2) Cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Alternative sentencing of defendants, such as community service and participation in programs based upon the defendant's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;
(4) Establishment of a coordinated strategy by the community outreach court to respond to a defendant's compliance or noncompliance with the defendant's sentence; and
(5) Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.
§ -5 Court process. (a) The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.
(b) The court may only hear and dispose of cases involving nonviolent, nonfelony offenses under laws of the State and ordinances of the city and county of Honolulu determined to be appropriate by the department of the prosecuting attorney of the city and county of Honolulu.
(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:
(1) Are willing to participate in the court;
(2) Are willing to be represented by the public defender; and
(3) May benefit from participation in the court.
After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.
(d) Defendants on the potential participant list charged by the department of the prosecuting attorney of the city and county of Honolulu shall be reviewed by the prosecuting attorney, who will decide whether they should participate in the court proceedings. The prosecuting attorney may enter into plea agreement negotiations with the public defender for disposition of those defendants' accepted into the community outreach court.
(e) The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.
(f) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."
SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:
(1) $ for security through a contracted service provider;
(2) $ for facilities and associated costs, including for use of the Waianae public library;
(3) $ for equipment, including laptops and a mobile hotspot for internet access;
(4) $ for transportation costs, including a van and associated parking costs; and
(5) $ for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.
The judiciary may enter into an intergovernmental agreement or memorandum of understanding with the office of the public defender, department of the prosecuting attorney of the city and county of Honolulu, department of the attorney general, or any other agency of the State or the city and county of Honolulu for the purpose of collaboration, cooperation, coordination, combination of resources, funding distribution, or the administration of the community outreach court.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:
(1) $ each for two full-time equivalent (2.0 FTE) court clerk positions;
(2) $ for one full-time equivalent (1.0 FTE) court bailiff position;
(3) $ for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and
(4) $ each for three full-time equivalent (3.0 FTE) adult client services branch social worker positions.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) deputy attorney general tasked with duties for the community outreach court.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy public defender;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.
The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) legal assistant.
The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary; Community Outreach Court; Homelessness; Appropriation
Description:
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
280 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under Act 55, Session Laws of Hawaii 2017, the judiciary, office of the public defender, and department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project. The goal of the community outreach court is to assist non-violent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees. By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing. The community outreach court social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.
The legislature finds that the community outreach court program has been successful. Since its inception, the program has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.
Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Definitions. As used in this chapter:
"Community outreach court" means a division of the district court of the first circuit that shall address cases brought before it for non-violent, nonfelony offenders in which the prosecuting attorney and public defender have reached plea agreements.
"Prosecuting attorney" means:
(1) The prosecuting attorney for the city and county of Honolulu;
(2) Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu;
(3) The attorney general; and
(4) Any deputy attorney general of the department of the attorney general.
"Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.
§ -2 Community outreach court; establishment. (a) The community outreach court shall be established as a division of the district court of the first circuit.
(b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.
§ -3 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders deemed appropriate, after application and acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.
§ -4 Principles and components of the court. The community outreach court shall include the following components:
(1) Emphasis on the early identification and timely placement of eligible offenders;
(2) Cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Alternative sentencing of offenders, such as community service and participation in programs based upon the offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;
(4) Establishment of a coordinated strategy by the community outreach court to respond to an offender's compliance or noncompliance with the offender's sentence; and
(5) Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.
§ -5 Court process. (a) The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.
(b) Only cases involving nonviolent, nonfelony offenses under state law and city and county ordinance shall be heard and disposed of by the community outreach court.
(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:
(1) Are willing to participate in the court;
(2) Are willing to be represented by the public defender; and
(3) May benefit from participation in the court.
After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.
(d) The prosecuting attorney shall review the list and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the court. The prosecuting attorney or representative of the attorney general shall enter into plea agreement negotiations with the public defender for disposition of defendants' cases that the prosecuting attorney determines are appropriate.
(e) The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.
(f) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."
SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:
(1) $ each for two full-time equivalent (2.0 FTE) court clerk positions;
(2) $ for one full-time equivalent (1.0 FTE) court bailiff position;
(3) $ for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and
(4) $ each for three full-time equivalent (3.0 FTE) adult client services social worker positions.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy public defender;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.
The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) deputy attorney general tasked with duties for the community outreach court.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:
(1) $ for security through a contracted service provider;
(2) $ for facilities and associated costs, including for use of the Waianae public library;
(3) $ for equipment, including laptops and a mobile hotspot for internet access;
(4) $ for transportation costs, including a van and associated parking costs; and
(5) $ for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) legal assistant.
The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary; Community Outreach Court; Homelessness; Appropriation
Description:
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
280 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE COMMUNITY OUTREACH COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under Act 55, Session Laws of Hawaii 2017, the judiciary, the office of the public defender, and the department of the prosecuting attorney of the city and county of Honolulu established a community outreach court project. The goal of the community outreach court is to assist non-violent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible through holding court in community locations where offenders are found, resolving any active charges, and utilizing alternative sentences such as community service work in cases where prior court judgments could not be satisfied and offenders lack the present ability to pay fines and fees. By resolving these cases, the participants are in a better position to obtain basic necessities such as jobs, income assistance, and housing. The community outreach court social worker assesses offenders for participation in programs deemed appropriate based upon an offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other appropriate available social services and assists the offenders in obtaining and voluntarily participating in these referred services.
The legislature finds that the community outreach court program has been successful. Since its inception, the program has addressed over ten thousand cases, recalled over nine hundred bench warrants, lifted more than seven thousand driver license stoppers and provided assistance to over six hundred participants at community-based sites in the judicial districts where participants may live or have access to mental health services, substance abuse treatment, sustenance, shelter, or other social services and who have completed more than seven thousand community service work hours.
Accordingly, the purpose of this Act is to permanently establish and appropriate funds for the community outreach court as a division of the district court of the first circuit.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMMUNITY OUTREACH COURT
§ -1 Definitions. As used in this chapter:
"Community outreach court" means a division of the district court of the first circuit that shall address cases brought before it for non-violent, nonfelony offenders in which the prosecuting attorney and public defender have reached plea agreements.
"Prosecuting attorney" means:
(1) The prosecuting attorney for the city and county of Honolulu;
(2) Any deputy prosecuting attorney of the department of the prosecuting attorney of the city and county of Honolulu;
(3) The attorney general; and
(4) Any deputy attorney general of the department of the attorney general.
"Public defender" means the public defender and any deputy public defender of the office of the public defender, including any court-appointed private attorney appearing on behalf of a defendant based on a conflict with the office of the public defender.
§ -2 Community outreach court; establishment. (a) The community outreach court shall be established as a division of the district court of the first circuit.
(b) The community outreach court shall be held at any duly designated location within the first judicial circuit by any designated judge of the community outreach court.
§ -3 Jurisdiction. (a) The community outreach court shall have concurrent jurisdiction with all district courts of the first circuit to consider and adjudicate nonviolent, nonfelony criminal and traffic offenses, including traffic infractions under chapter 291D, charged to offenders deemed appropriate, after application and acceptance, for participation in the community outreach court.
(b) In any case in which it has jurisdiction, the community outreach court shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge designated as a judge of the community outreach court on matters within the scope of this chapter.
§ -4 Principles and components of the court. The community outreach court shall include the following components:
(1) Emphasis on the early identification and timely placement of eligible offenders;
(2) Cooperation between the prosecuting attorney and public defender to resolve cases;
(3) Alternative sentencing of offenders, such as community service and participation in programs based upon the offender's need for mental health services, substance abuse treatment, sustenance, shelter, or other social services and willingness to voluntarily participate in those programs;
(4) Establishment of a coordinated strategy by the community outreach court to respond to an offender's compliance or noncompliance with the offender's sentence; and
(5) Encouragement by the community outreach court of partnerships between the court, public agencies, community-based organizations, and other entities to promote the court's effectiveness.
§ -5 Court process. (a) The court shall hold hearings at community sites to dispose of cases for which the prosecuting attorney and public defender have negotiated and reached plea agreements on the disposition of the defendants.
(b) Only cases involving nonviolent, nonfelony offenses under state law and city ordinance shall be heard and disposed of by the community outreach court.
(c) The public defender shall engage a social service or health care professional to provide outreach services to defendants charged with nonviolent, nonfelony offenses who:
(1) Are willing to participate in the court;
(2) Are willing to be represented by the public defender; and
(3) May benefit from participation in the court.
After consulting with the social service or health care professional, the public defender shall develop a list of the defendants who are potential participants in the court and transmit the list to the prosecuting attorney.
(d) The prosecuting attorney shall review the list and may select from the list those defendants who the prosecuting attorney determines may be appropriate for participation in the court. The prosecuting attorney or representative of the attorney general shall enter into plea agreement negotiations with the public defender for disposition of defendants' cases that the prosecuting attorney determines are appropriate.
(e) The plea agreement for a defendant may include a fine, community service, court-ordered treatment, other court-ordered condition, or any other action that the court has the authority to take and deems appropriate.
(f) At the hearing, the court may finalize the plea agreement by court order or judgment; provided that the court shall not be bound by the proposed disposition in the plea agreement."
SECTION 3. Act 55, Session Laws of Hawaii 2017, is repealed.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish permanent positions in support of the community outreach court, including:
(1) $ each for two full-time equivalent (2.0 FTE) court clerk positions;
(2) $ for one full-time equivalent (1.0 FTE) court bailiff position;
(3) $ for one full-time equivalent (1.0 FTE) adult client services branch judicial clerk V position; and
(4) $ each for three full-time equivalent (3.0 FTE) adult client services social worker positions.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for two full-time equivalent (2.0 FTE) deputy sheriff positions to support the community outreach court.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for permanent positions in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy public defender;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) social service or mental health care professional assigned to the office of the public defender.
The sums appropriated shall be expended by the office of the public defender for the purposes of this Act.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) deputy attorney general tasked with duties for the community outreach court.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the community outreach court, including:
(1) $ for security through a contracted service provider;
(2) $ for facilities and associated costs, including for use of the Waianae Public Library;
(3) $ for equipment, including laptops and a mobile hotspot for internet access;
(4) $ for transportation costs, including a van and associated parking costs; and
(5) $ for other miscellaneous operational needs, including driver permit workbooks, printer cartridges, pencils, erasers, pens, markers, paper towels, and other office supplies.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for permanent positions in the office of the prosecuting attorney of the city and county of Honolulu in support of the community outreach court, including:
(1) $ for one full-time equivalent (1.0 FTE) deputy prosecuting attorney;
(2) $ for one full-time equivalent (1.0 FTE) paralegal; and
(3) $ for one full-time equivalent (1.0 FTE) legal assistant.
The sums appropriated shall be expended by the office of the prosecuting attorney of the city and county of Honolulu for the purposes of this Act.
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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|
Report Title:
Judiciary; Community Outreach Court; Homelessness; Appropriations
Description:
Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jun 26, 2025 | Act 229, on 06/26/2025 (Gov. Msg. No. 1331). |
| Jun 26, 2025 | Act 229, 06/26/2025 (Gov. Msg. No. 1331). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 185). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 185) as amended in (CD 1). |
| Apr 25, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Moriwaki, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 25, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Marten, Tarnas, Morikawa, Olds, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 24, 2025 | Conference Committee Meeting will reconvene on Friday 04-25-25 1:45PM in conference room 329. |
| Apr 23, 2025 | Conference Committee Meeting will reconvene on Thursday 04-24-25 1:35PM in conference room 329. |
| Apr 22, 2025 | Conference Committee Meeting will reconvene on Wednesday 04-23-25 1:30PM in conference room 329. |
| Apr 21, 2025 | Bill scheduled for Conference Committee Meeting on Tuesday, 04-22-25 1:30PM in conference room 329. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 790). |
| Apr 15, 2025 | Senate Conferees Appointed: Rhoads Chair; Moriwaki Co-Chair; Fevella. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 732). |
| Apr 14, 2025 | House Conferees Appointed: Marten, Tarnas, Morikawa Co-Chairs; Olds, Garcia. |
| Apr 11, 2025 | Received notice of disagreement (Hse. Com. No. 704). |
| Apr 10, 2025 | House disagrees with Senate amendment (s). |
| Apr 8, 2025 | Returned from Senate (Sen. Com. No. 612) in amended form (SD 1). |
| Apr 8, 2025 | Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 4, 2025 | One Day Notice 04-08-25. |
| Apr 4, 2025 | Reported from WAM (Stand. Com. Rep. No. 1782) with recommendation of passage on Third Reading. |
| Apr 3, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 1, 2025 | The committee(s) on WAM will hold a public decision making on 04-03-25 10:01AM; Conference Room 211 & Videoconference. |
| Mar 21, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Mar 21, 2025 | Reported from JDC (Stand. Com. Rep. No. 1220) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Mar 18, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Gabbard, Awa. |
| Mar 12, 2025 | The committee(s) on JDC has scheduled a public hearing on 03-18-25 9:45AM; Conference Room 016 & Videoconference. |
| Mar 6, 2025 | Referred to JDC, WAM. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 205). |
| Mar 4, 2025 | Passed Third Reading as amended in HD 3 with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 28, 2025 | Forty-eight (48) hours notice Tuesday, 03-04-25. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 1019) as amended in HD 3, recommending passage on Third Reading. |
| Feb 24, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 15 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Ward. |
| Feb 21, 2025 | Bill scheduled to be heard by FIN on Monday, 02-24-25 12:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 13, 2025 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kitagawa, Ward excused (3). |
| Feb 13, 2025 | Reported from JHA (Stand. Com. Rep. No. 622) as amended in HD 2, recommending referral to FIN. |
| Feb 5, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Jan 31, 2025 | Bill scheduled to be heard by JHA on Wednesday, 02-05-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 30, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ward excused (2). |
| Jan 30, 2025 | Reported from HSH (Stand. Com. Rep. No. 2) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Jan 28, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Takenouchi, Garcia; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Alcos. |
| Jan 24, 2025 | Bill scheduled to be heard by HSH on Tuesday, 01-28-25 9:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to HSH, JHA, FIN, referral sheet 1 |
| Jan 17, 2025 | Introduced and Pass First Reading. |
| Jan 16, 2025 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
|
| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 8, 2025 | Third Reading | Senate Floor |
Passed |
|
| Apr 3, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 18, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 4, 2025 | Third Reading | House Floor |
Passed |
|
| Feb 24, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Finance |
Passed |
|
| Feb 5, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Jan 28, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Department of Human Services | *** Support | Apr 3, 2025 |
| Department of Law Enforcement | ** Support | |
| Hawaii Substance Abuse Coalition | *** Support | Apr 3, 2025 |
| Hawaiʻi Health & Harm Reduction Center | *** Support | Apr 3, 2025 |
| Institute for Human Services (IHS) | *** Support | Feb 24, 2025 |
| Office of Hawaiian Affairs | *** Support | Apr 3, 2025 |
| Office of the Public Defender | *** Support | Mar 18, 2025 |
| Opportunity for Youth Action Hawaiʻi | *** Support | Apr 3, 2025 |
| State Council on Mental Health | *** Support | Apr 3, 2025 |
| State of Hawaii | *** Support | Jan 29, 2025 |
| The Institute for Human Services, Inc. | ** Support | |
| The Judiciary, State of Hawai‘i | *** Support | Apr 3, 2025 |
| Waikiki Neighborhood Board | *** Support | Apr 3, 2025 |
CONFERENCE COMMITTEE REP. NO. 185
Honolulu, Hawaii
, 2025
RE: H.B. No. 280
H.D. 3
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 280, H.D. 3, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to permanently establish and appropriate funds for the Community Outreach Court as a division of the District Court of the First Circuit.
Your Committee on Conference has amended this measure by:
(1) Deleting language that would have:
(A) Appropriated funds for the operations of and permanent positions for the Community Outreach Court; and
(B) Authorized the Judiciary to enter into an intergovernmental agreement or memorandum of understanding with state and county agencies for purposes related to the Community Outreach Court;
(2) Inserting an appropriation of $71,030 for each year of the fiscal biennium to the Department of Law Enforcement for one full-time equivalent (1.0 FTE) deputy sheriff position to support the Community Outreach Court;
(3) Inserting an appropriation of $45,000 for each year of the fiscal biennium to the Office of the Public Defender for one full-time equivalent (1.0 FTE) paralegal position;
(4) Inserting an appropriation of $90,000 for each year of the fiscal biennium to the Office of the Prosecuting Attorney of the City and County of Honolulu as a grant-in-aid for one full-time equivalent (1.0 FTE) paralegal position;
(5) Changing the effective date to July 1, 2025; and
(6) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 280, H.D. 3, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 280, H.D. 3, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE SENATE |
|
ON THE PART OF THE HOUSE |
|
____________________________ KARL RHOADS Chair |
|
____________________________ LISA MARTEN Co-Chair |
|
____________________________ SHARON MORIWAKI Co-Chair |
|
____________________________ DAVID A. TARNAS Co-Chair |
|
|
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____________________________ DEE MORIKAWA Co-Chair |
|
|
|
|
STAND. COM. REP. NO. 1782
Honolulu, Hawaii
RE: H.B. No. 280
H.D. 3
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred H.B. No. 280, H.D. 3, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"
begs leave to report as follows:
The purpose and intent of this measure is to permanently establish and appropriate moneys for the Community Outreach Court as a division of the District Court of the First Circuit.
Your Committee received written comments in support of this measure from the Department of Human Services, Judiciary, Office of Hawaiian Affairs, State Council on Mental Health, Hawaii Substance Abuse Coalition, Hawaii Health and Harm Reduction Center, Opportunity for Youth Action Hawaii, and Waikiki Neighborhood Board.
Your Committee finds that permanently establishing the Community Outreach Court will help enhance the well-being of court participants; reduce the strain on law enforcement officers, courts, and public resources; and support evidence-based practices for addressing homelessness and mental health challenges in the State's communities.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 280, H.D. 3, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
|
|
|
________________________________ DONOVAN M. DELA CRUZ, Chair |
|
|
|
|
STAND. COM. REP. NO. 1220
Honolulu, Hawaii
H.D. 3
S.D. 1
President of the Senate
Thirty-Third State Legislature
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 280, H.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Judiciary, Department of Human Services, Office of the Public Defender, Office of Hawaiian Affairs, State Council on Mental Health, Waikiki Neighborhood Board No. 9, Hawaii Substance Abuse Coalition, Hawaiʻi Health and Harm Reduction Center, Opportunity for Youth Action Hawaiʻi Kawailoa, and five individuals.
Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that since its inception as an independent and unfunded pilot project in 2017, the Community Outreach Court has helped more than six hundred participants, cleared nearly eleven thousand cases, lifted more than seven thousand license stoppers, and recalled more than nine hundred bench warrants. Your Committee further finds that both the community and participants have benefitted greatly from the Community Outreach Court, as the burden on law enforcement has been reduced through recalled bench warrants and penal summons that previously languished unserved, while participants who were previously unable to attend court due to financial circumstances or the inability to travel have attended court to address and resolve their cases. This measure will recognize the positive impact the Community Outreach Court has had on the community and further support the continued collaboration among the Judiciary, Office of the Public Defender, and Department of the Prosecuting Attorney of the City and County of Honolulu by making the Community Outreach Court permanent.
Your Committee notes the testimony from the Department of the Attorney General regarding an agreement reached between the Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Public Defender, and Department of the Attorney General to remove the Attorney General and any Deputy Attorney General from the definition of prosecuting attorney in this measure, to address instances where both the Department of the Prosecuting Attorney of the City and County of Honolulu and Department of the Attorney General have different cases involving the same defendant.
Accordingly, your Committee has amended this measure by:
(1) Deleting language that would have included the Attorney General or any Deputy Attorney General within the definition of "prosecuting attorney";
(2) Deleting language that would have appropriated an unspecified amount of funds for an unspecified number of Deputy Attorney General positions tasked with duties for the Community Outreach Court;
(3) Inserting an effective date of April 23, 2057, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 280, H.D. 3, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 280, H.D. 3, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
|
|
________________________________ KARL RHOADS, Chair |
|
|
|
|
STAND. COM. REP. NO. 1019
Honolulu, Hawaii
, 2025
RE: H.B. No. 280
H.D. 3
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 280, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of Law Enforcement; Department of Human Services; Office of the Public Defender; State Council on Mental Health; Hawaii Substance Abuse Coalition; The Institute for Human Services, Inc.; Hawaiʻi Health & Harm Reduction Center; Opportunity for Youth Action Hawaiʻi; and two individuals. Your Committee received comments on this measure from the Judiciary and Department of the Attorney General.
Your Committee has amended this measure by:
(1) Changing the number of positions to an unspecified number; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 280, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 280, H.D. 3.
Respectfully submitted on behalf of the members of the Committee on Finance,
|
|
|
____________________________ KYLE T. YAMASHITA, Chair |
|
|
|
|
STAND. COM. REP. NO. 622
Honolulu, Hawaii
, 2025
RE: H.B. No. 280
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 280, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Judiciary; Office of the Public Defender; Hawaiʻi Health & Harm Reduction Center; and Hawaii Substance Abuse Coalition. Your Committee received comments on this measure from the Department of the Attorney General and Department of the Prosecuting Attorney of the City and County of Honolulu.
Your Committee finds that since its inception, the Community Court Outreach Project has held several court sessions across Oahu. Through these sessions, the Community Court Outreach Project has addressed more than ten thousand cases, recalled more than nine hundred bench warrants, lifted more than seven thousand driver license stoppers, and assisted more than six hundred participants with social services or referrals. This measure would further support the Community Court Outreach Project and provide much needed resources and funding to assist the Court's clients and operations.
Your Committee has amended this measure by:
(1) Providing that the Community Outreach Court may only hear and dispose of cases involving nonviolent, nonfelony offenses under laws of the State and ordinances of the City and County of Honolulu determined to be appropriate by the Department of the Prosecuting Attorney of the City and County of Honolulu;
(2) Amending the process for the prosecuting attorney to select participants into the Community Outreach Court and enter into plea agreement negotiations;
(3) Authorizing the Judiciary, pursuant to its appropriation for the operations of the Community Outreach Court, to enter into intergovernmental agreements or memorandums of understanding with any agency of the State or the City and County of Honolulu for the purpose of collaboration, cooperation, coordination, combination of resources, funding distribution, or the administration of Community Outreach Court; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 280, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 280, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
STAND. COM. REP. NO. 2
Honolulu, Hawaii
, 2025
RE: H.B. No. 280
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Human Services & Homelessness, to which was referred H.B. No. 280 entitled:
"A BILL FOR AN ACT RELATING TO THE COMMUNITY OUTREACH COURT,"
begs leave to report as follows:
Your Committee finds that a Community Outreach Court Program was established in 2017 to assist non-violent offenders who are charged with offenses that disproportionately impact the homeless community by making court attendance more accessible, resolving any active charges, and utilizing alternative sentences such as community service work. Because the Community Outreach Court Program has proven to be successful in helping its participants address legal matters through alternative sentences, this measure would permanently establish the Community Outreach Court, which would allow participants to obtain basic necessities and, if necessary, access to appropriate social services.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 280, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 280, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,
|
|
|
____________________________ LISA MARTEN, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Apr 3, 2025 | HB280_SD1_TESTIMONY_WAM_04-03-25_.PDF |
| Mar 18, 2025 | HB280_HD3_TESTIMONY_JDC_03-18-25_.PDF |
| Feb 24, 2025 | HB280_HD2_TESTIMONY_FIN_02-24-25_.PDF |
| Feb 5, 2025 | HB280_HD1_TESTIMONY_JHA_02-05-25_.PDF |
| Jan 29, 2025 | HB280_TESTIMONY_HSH_01-28-25_.PDF |
Discussed in Hearing
6MIN
Conference Committee
1MIN
Conference Committee
3MIN
Conference Committee
1MIN
Conference Committee
7MIN
House Standing Committee on Finance
10MIN
House Standing Committee on Judiciary & Hawaiian Affairs
3MIN
House Standing Committee on Human Services & Homelessness
Bill Author
