HB 727: Judiciary; Women's Court Pilot Program; Reports; Appropriations

A BILL FOR AN ACT

RELATING TO THE WOMEN'S COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that there has been a significant increase in the number of women in Hawaiʻi jails and prisons over the past forty years, resulting in a higher proportion of women who are incarcerated.  Research reflects that for women, histories of abuse, trauma, poverty, mental illness, substance use disorders, and unhealthy relationships intersect with their entry into criminal behavior.  Women offenders also face unique barriers to success after incarceration.  They are more likely to be primary caregivers for young children, have lower educational attainment, lack stable work history, and experience economic or social marginalization, which prevents them from having more positive outcomes.

     The legislature further finds that Act 243, Session Laws of Hawaii 2022, established a three-year women's court pilot program in the circuit court of the first circuit.  This program, known as Mohala Wahine, focuses on non-violent women who are at high risk of recidivism and in need of multiple services such as substance abuse treatment, therapy, or housing.  The program began accepting participants in January 2023, with a goal of admitting twenty women each year.  As of August 2024, twenty-three women are currently participating in the program, with eleven participants in phase one of treatment and twelve participants in phase two of treatment.

     The purpose of this Act is to:

     (1)  Permanently establish the women's court program in the first circuit;

     (2)  Establish a two-year women's court pilot program in the circuit court of the Kona division of the third circuit, which is intended to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs; and

     (3)  Require the judiciary to submit reports to the legislature regarding the pilot program for women's court.

PART II

     SECTION 2.  Chapter 603, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§603-     Women's court program; first circuit.  (a)  There shall be established within the first circuit of the judiciary the women's court program.  The program shall implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism.

     (b)  The services offered by the program shall address the following areas:

     (1)  Trauma and mental health treatment;

     (2)  Family support, including parenting, education, and relationship improvement;

     (3)  Life-skills training;

     (4)  Education and vocational training;

     (5)  Domestic violence prevention;

     (6)  Medical services and health education;

     (7)  Substance abuse detection, prevention, and treatment;

     (8)  Mentoring; and

     (9)  Housing support."

PART III

     SECTION 3.  (a)  There shall be established within the third circuit Kona division of the judiciary the women's court pilot program.  The women's court pilot program shall be under the supervision of the big island drug court.  The judiciary shall be responsible for providing mental health services under this pilot program.  The pilot program shall implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism.

     (b)  The services offered by the pilot program shall address the following areas:

     (1)  Trauma and mental health treatment;

     (2)  Family support, including parenting, education, and relationship improvement;

     (3)  Life-skills training;

     (4)  Education and vocational training;

     (5)  Domestic violence prevention;

     (6)  Medical services and health education;

     (7)  Substance abuse detection, prevention, and treatment;

     (8)  Mentoring; and

     (9)  Housing support.

     SECTION 4.  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, on the pilot program to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026 and 2027, regarding:

     (1)  The status of the women's court pilot program;

     (2)  The number of women accepted into the women's court pilot program;

     (3)  The number of women who were eligible to participate in the women's court pilot program but who could not be accepted into the pilot program because of pilot program limitations;

     (4)  The number of women completing the women's court pilot program;

     (5)  The number of women who were removed from the women's court pilot program; and

     (6)  Recommendations as to whether the women's court pilot program should:

          (A)  Continue as a pilot program;

          (B)  Expand to include additional participants;

          (C)  Provide additional services; or

          (D)  Be discontinued.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $514,900 or so much thereof as may be necessary for fiscal year 2025-2026 and $557,000 or so much thereof as may be necessary for fiscal year 2026-2027 for mental health, substance abuse treatment, and other services and equipment, and the establishment of one full-time equivalent (1.0 FTE) temporary Kona drug court probation supervisor position for the women's court pilot program established pursuant to section 3 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

PART IV

     SECTION 6.  This Act shall take effect on July 1, 2025; provided that part III shall be repealed on June 30, 2027.

Report Title:

Judiciary; Women's Court Pilot Program; Reports; Appropriations

Description:

Permanently establishes the Women's Court Program in the First Circuit.  Establishes a temporary two-year Women's Court Pilot Program within the Kona division of the Third Circuit.  Requires reports.  Establishes a temporary position.  Appropriates funds.  Sunsets 6/30/2027.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE WOMEN'S COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that there has been a significant increase in the number of women in Hawai`i jails and prisons over the past forty years, resulting in a higher proportion of women who are incarcerated.  Research reflects that for women, histories of abuse, trauma, poverty, mental illness, substance use disorders, and unhealthy relationships intersect with their entry into criminal behavior.  Women offenders also face unique barriers to success after incarceration.  They are more likely to be primary caregivers for young children, have lower educational attainment, lack stable work history, and experience economic or social marginalization, which prevents them from having more positive outcomes.

     The legislature further finds that Act 243, Session Laws of Hawaii 2022, established a three-year women's court pilot program in the circuit court of the first circuit.  This program, known as Mohala Wahine, focuses on non-violent women who are at high risk of recidivism and in need of multiple services such as substance abuse treatment, therapy, or housing.  The program began accepting participants in January 2023, with a goal of admitting twenty women each year.  As of August 2024, twenty-three women are currently participating in the program, with eleven participants in phase one of treatment and twelve participants in phase two of treatment.

     The purpose of this Act is to:

     (1)  Make the women's court pilot program in the first circuit permanent;

     (2)  Establish a three-year women's court pilot program in the circuit court of the Kona division of the third circuit, which is intended to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs; and

     (3)  Require the judiciary to submit a report to the legislature regarding the need for and the associated costs of a pilot program for women's court in the second and fifth circuits and Hilo division of the third circuit.

PART II

     SECTION 2.  Act 243, Session Laws of Hawaii 2022, is amended by amending section 5 to read as follows:

     "SECTION 5.  This Act shall take effect on July 1, 2022[, and shall be repealed on June 30, 2025]."

PART III

     SECTION 3.  (a)  There shall be established within the third circuit Kona division of the judiciary the women's court pilot program.  The women's court pilot program shall be under the supervision of the big island drug court.  The pilot program shall implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism.

     (b)  The services offered by the pilot program shall address the following areas:

     (1)  Trauma and mental health treatment;

     (2)  Family support, including parenting, education, and relationship improvement;

     (3)  Life-skills training;

     (4)  Education and vocational training;

     (5)  Domestic violence prevention;

     (6)  Medical services and health education;

     (7)  Substance abuse detection, prevention, and treatment;

     (8)  Mentoring; and

     (9)  Housing support.

     SECTION 4.  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026, 2027, and 2028, regarding:

     (1)  The status of the women's court pilot program;

     (2)  The number of women accepted into the women's court pilot program;

     (3)  The number of women who were eligible to participate in the women's court pilot program but who could not be accepted into the pilot program because of pilot program limitations;

     (4)  The number of women completing the women's court pilot program;

     (5)  The number of women who were removed from the women's court pilot program; and

     (6)  Recommendations as to whether the women's court pilot program should:

          (A)  Continue as a pilot program;

          (B)  Expand to include additional participants;

          (C)  Provide additional services; or

          (D)  Be discontinued.

     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
$          or so much thereof as may be necessary for fiscal year 2026-2027 for mental health, substance abuse treatment, and other services; and the establishment of two temporary positions as follows:

     (1)  One full-time equivalent (1.0 FTE) Kona drug court probation supervisor position; and

     (2)  One full-time equivalent (1.0 FTE) peer specialist position;

for the women's court pilot program established pursuant to section 3 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

PART IV

     SECTION 6.  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of the regular session of 2026, regarding the need for and the associated costs of a pilot program for women's court in the second and fifth circuits and Hilo division of the third circuit.

PART V

     SECTION 7.  This Act shall take effect on April 23, 2057; provided that part III shall be repealed on June 30, 2028.

Report Title:

Judiciary; Women's Court Pilot Program; Reports; Appropriations

Description:

Makes the Women's Court Pilot Program in the First Circuit permanent.  Establishes a temporary 3-year Women's Court Pilot Program within the Kona division of the Third Circuit.  Requires reports.  Establishes temporary positions.  Appropriates funds.  Sunsets 6/30/2028.  Effective 4/23/2057.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE WOMEN'S COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that there has been a significant increase in the number of women in Hawaiʻi jails and prisons over the past forty years, resulting in a higher proportion of women who are incarcerated.  Research reflects that for women, histories of abuse, trauma, poverty, mental illness, substance use disorders, and unhealthy relationships intersect with their entry into criminal behavior.  Women offenders also face unique barriers to success after incarceration.  They are more likely to be primary caregivers for young children, have lower educational attainment, lack stable work history, and experience economic or social marginalization, which prevents them from having more positive outcomes.

     The legislature further finds that Act 243, Session Laws of Hawaii 2022, established a three-year women's court pilot program in the circuit court of the first circuit.  This program, known as Mohala Wahine, focuses on non-violent women who are at high risk of recidivism and in need of multiple services such as substance abuse treatment, therapy, or housing.  The program began accepting participants in January 2023, with a goal of admitting twenty women each year.  As of August 2024, twenty-three women are currently participating in the program, with eleven participants in phase one of treatment and twelve participants in phase two of treatment.

     The purpose of this Act is to:

     (1)  Make the women's court pilot program in the first circuit permanent;

     (2)  Establish a three-year women's court pilot program in the circuit court of the Kona division of the third circuit, which is intended to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs; and

     (3)  Require the judiciary to submit a report to the legislature regarding the need for and the associated costs of a pilot program for women's court in the second and fifth circuits and Hilo division of the third circuit.

PART II

     SECTION 2.  Act 243, Session Laws of Hawaii 2022, is amended by amending section 5 to read as follows:

     "SECTION 5.  This Act shall take effect on July 1, 2022[, and shall be repealed on June 30, 2025]."

PART III

     SECTION 3.  (a)  There shall be established within the third circuit Kona division of the judiciary the women's court pilot program.  The women's court pilot program shall be under the supervision of the big island drug court.  The pilot program shall implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism.

     (b)  The services offered by the pilot program shall address the following areas:

     (1)  Trauma and mental health treatment;

     (2)  Family support, including parenting, education, and relationship improvement;

     (3)  Life-skills training;

     (4)  Education and vocational training;

     (5)  Domestic violence prevention;

     (6)  Medical services and health education;

     (7)  Substance abuse detection, prevention, and treatment;

     (8)  Mentoring; and

     (9)  Housing support.

     SECTION 4.  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026, 2027, and 2028, regarding:

     (1)  The status of the women's court pilot program;

     (2)  The number of women accepted into the women's court pilot program;

     (3)  The number of women who were eligible to participate in the women's court pilot program but who could not be accepted into the pilot program because of pilot program limitations;

     (4)  The number of women completing the women's court pilot program;

     (5)  The number of women who were removed from the women's court pilot program; and

     (6)  Recommendations as to whether the women's court pilot program should:

          (A)  Continue as a pilot program;

          (B)  Expand to include additional participants;

          (C)  Provide additional services; or

          (D)  Be discontinued.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $514,900 or so much thereof as may be necessary for fiscal year 2025-2026 and $557,000 or so much thereof as may be necessary for fiscal year 2026-2027 for mental health, substance abuse treatment, and other services; and the establishment of two temporary positions as follows:

     (1)  One full-time equivalent (1.0 FTE) Kona drug court probation supervisor position; and

     (2)  One full-time equivalent (1.0 FTE) peer specialist position;

for the women's court pilot program established pursuant to section 3 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

PART IV

     SECTION 6.  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of the regular session of 2026, regarding the need for and the associated costs of a pilot program for women's court in the second and fifth circuits and Hilo division of the third circuit.

PART V

     SECTION 7.  This Act shall take effect on April 23, 2057; provided that part III shall be repealed on June 30, 2028.

Report Title:

Judiciary; Women's Court Pilot Program; Reports; Appropriations

Description:

Makes the Women's Court Pilot Program in the First Circuit permanent.  Establishes a temporary three-year Women's Court Pilot Program within the Kona division of the Third Circuit.  Requires reports.  Establishes temporary positions.  Appropriates funds.  Sunsets 6/30/2028.  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.

A BILL FOR AN ACT

RELATING TO THE WOMEN'S COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that there has been a significant increase in the number of women in Hawaii jails and prisons over the past forty years, resulting in a higher proportion of women who are incarcerated.  Research reflects that for women, histories of abuse, trauma, poverty, mental illness, substance use disorders, and unhealthy relationships intersect with their entry into criminal behavior.  Women offenders also face unique barriers to success after incarceration.  They are more likely to be primary caregivers for young children, have lower educational attainment, lack stable work history, and experience economic or social marginalization, which prevents them from having more positive outcomes.

     The legislature further finds that Act 243, Session Laws of Hawaii 2022, established a three-year women's court pilot program in the circuit court of the first circuit.  This program, known as Mohala Wahine, focuses on non-violent women who are at high risk of recidivism and in need of multiple services such as substance abuse treatment, therapy, or housing.  The program began accepting participants in January of 2023, with a goal of admitting twenty women each year.  As of August, 2024, twenty-three women are currently participating in the program, with eleven participants in phase one of treatment and twelve participants in phase two of treatment.

     The purpose of this Act is to:

     (1)  Establish a three-year women's court pilot program in the circuit court of the second and fifth circuits, which is intended to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs; and

     (2)  Require the third circuit of the judiciary and big island drug court to conduct an interim study to establish a blueprint for a women's court pilot program in the third circuit.

PART II

     SECTION 2.  (a)  There shall be established within the second and fifth circuits of the judiciary the women's court pilot program.  The pilot program shall implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism.

     (b)  The services offered by the pilot program shall address the following areas:

     (1)  Trauma and mental health treatment;

     (2)  Family support, including parenting, education, and relationship improvement;

     (3)  Life-skills training;

     (4)  Education and vocational training;

     (5)  Domestic violence prevention;

     (6)  Medical services and health education;

     (7)  Substance abuse detection, prevention, and treatment;

     (8)  Mentoring; and

     (9)  Housing support.

     SECTION 3.  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026, 2027, and 2028, regarding:

     (1)  The status of the women's court pilot program;

     (2)  The number of women accepted into the women's court pilot program;

     (3)  The number of women who were eligible to participate in the women's court pilot program but who could not be accepted into the pilot program because of pilot program limitations;

     (4)  The number of women completing the women's court pilot program;

     (5)  The number of women who were removed from the women's court pilot program; and

     (6)  Recommendations as to whether the women's court pilot program should:

          (A)  Continue as a pilot program;

          (B)  Expand to include additional participants;

          (C)  Provide additional services; or

          (D)  Be discontinued.

     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 equipment; mental health, substance abuse treatment, and other services; and the establishment of      temporary positions as follows:

     (1)       full-time equivalent (     FTE) social worker V positions;

     (2)       full-time equivalent (     FTE) social worker IV positions;

     (3)       full-time equivalent (     FTE) circuit court clerk II positions; and

     (4)       full-time equivalent (     FTE) judicial clerk positions;

for the women's court pilot program established pursuant to section 2 of this Act.

     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 the women's court pilot program established pursuant to section 2 of this Act and the establishment of      temporary positions as follows:

     (1)  $           for      full-time equivalent (     FTE) clinical psychologist position;

     (2)  $           for      full-time equivalent (     FTE) social worker/human services professional IV position; and

     (3)  $           for      full-time equivalent (     FTE) social services assistant V position.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

PART III

     SECTION 6.  (a)  The third circuit of the judiciary and big island drug court shall conduct an interim study to establish a blueprint for a women's court pilot program in the third circuit.

     (b)  The third circuit of the judiciary shall submit a report of its findings and recommendations, including any proposed legislation and resource requirements, to the legislature no later than twenty days prior to the convening of the regular session of 2026.

PART IV

     SECTION 7.  This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2028.

Report Title:

Judiciary; Women's Court Pilot Program; Reports; Appropriations

Description:

Establishes a temporary three-year women's court pilot program within the Second and Fifth Circuits.  Requires the Third Circuit of the Judiciary and Big Island Drug Court to conduct an interim study to establish a blueprint for a women's court pilot program in the Third Circuit.  Requires reports.  Establishes temporary positions.  Appropriates funds.  Effective 7/1/3000.  Sunsets 6/30/2028.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the women's court.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that there has been a significant increase in the number of women in Hawai‘i jails and prisons over the past forty years, resulting in a higher proportion of women who are incarcerated.  Research reflects that for women, histories of abuse, trauma, poverty, mental illness, substance use disorders, and unhealthy relationships intersect with their entry into criminal behavior.  Women offenders also face unique barriers to success after incarceration.  They are more likely to be primary caregivers for young children, have lower educational attainment, lack stable work history, and experience economic or social marginalization, which prevents them from having more positive outcomes.

     The legislature further finds that Act 243, Session Laws of Hawaii 2022, established a three-year women's court pilot program in the circuit court of the first circuit.  This program, known as Mohala Wahine, focuses on non-violent women who are at high risk of recidivism and in need of multiple services such as substance abuse treatment, therapy, or housing.  The program began accepting participants in January of 2023, with a goal of admitting twenty women each year.  As of August, 2024, twenty-three women are currently participating in the program, with eleven participants in phase one of treatment and twelve participants in phase two of treatment.

     The purpose of this Act is to establish a three-year women's court pilot program in the circuit court of the second, third, and fifth circuits, which is intended to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs.

     SECTION 2.  (a)  There is established within the second, third, and fifth circuits of the judiciary the women's court pilot program.  The pilot program shall implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism.

     (b)  The services offered by the program shall address the following areas:

     (1)  Trauma and mental health treatment;

     (2)  Family support, including parenting, education, and relationship improvement;

     (3)  Life-skills training;

     (4)  Education and vocational training;

     (5)  Domestic violence prevention;

     (6)  Medical services and health education;

     (7)  Substance abuse detection, prevention, and treatment;

     (8)  Mentoring; and

     (9)  Housing support.

     SECTION 3.  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 equipment; mental health, substance abuse treatment, and other services; and the establishment of seven temporary positions as follows:

     (1)       full-time equivalent (     FTE) social worker V positions;

     (2)       full-time equivalent (     FTE) social worker IV positions;

     (3)       full-time equivalent (     FTE) circuit court clerk II positions; and

     (4)       full-time equivalent (     FTE) judicial clerk positions;

for the women's court pilot program established pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026, 2027, and 2028, regarding:

     (1)  The status of the women's court pilot program;

     (2)  The number of women accepted into the pilot program;

     (3)  The number of women who were eligible to participate in the pilot program but who could not be accepted into the program because of program limitations;

     (4)  The number of women completing the pilot program;

     (5)  The number of women who were removed from the pilot program; and

     (6)  Recommendations as to whether the women's court pilot program should:

          (A)  Continue as a pilot program;

          (B)  Expand to include additional participants;

          (C)  Provide additional services; or

          (D)  Be discontinued.

     SECTION 5.  This Act shall take effect on July 1, 2025, and shall be repealed on June 30, 2028.

Report Title:

Women's Court Pilot Program; Report; Appropriation

Description:

Establishes a temporary three-year woman's court pilot program within the second, third, and fifth circuits.  Establishes temporary positions.  Requires a report.  Appropriates funds.  Sunsets 6/30/2028.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

CONFERENCE COMMITTEE REP. NO. 58

Honolulu, Hawaii

                 , 2025

RE:    H.B. No. 727

       H.D. 1

       S.D. 2

       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. 727, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE WOMEN'S 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

     (1)  Make the Women's Court Pilot Program in the First Circuit permanent;

     (2)  Establish and appropriate funds for a three-year Women's Court Pilot Program in the Kona division of the Third Circuit; and

     (3)  Require the Judiciary to submit a report to the Legislature regarding the need for and the associated costs of a pilot program for Women's Court in the Second and Fifth Circuits and Hilo division of the Third Circuit.

     Your Committee on Conference has amended this measure by:

     (1)  Codifying the Women's Court Program in the First Circuit within the Hawaii Revised Statutes, rather than the Session Laws of Hawaii;

     (2)  Requiring the Judiciary to be responsible for providing mental health services under the Women's Court Pilot Program in the Kona division of the Third Circuit;

     (3)  Changing the duration of the Women's Court Pilot Program in the Kona division of the Third Circuit from three years to two years;

     (4)  Appropriating $514,900 for fiscal year 2025-2026 and $557,000 for fiscal year 2026-2027 for mental health, substance abuse treatment, and other services and equipment, and the establishment of one full-time equivalent temporary Kona drug court probation supervisor position for the Women's Court Pilot Program in the Kona division of the Third Circuit;

     (5)  Deleting language that would have required the Judiciary to submit a report to the Legislature regarding the need for and the associated costs of a pilot program for Women's Court in the Second and Fifth Circuits and Hilo division of the Third Circuit;

     (6)  Changing the effective date to July 1, 2025;

     (7)  Changing the sunset date for the Women's Court Pilot Program in the Kona division of the Third Circuit to June 30, 2027; and

     (8)  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. 727, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 727, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO. 1531

Honolulu, Hawaii

RE:    H.B. No. 727

       H.D. 1

       S.D. 2

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. 727, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE WOMEN'S COURT,"

begs leave to report as follows:

     The purpose and intent of this measure is to extend and appropriate moneys for the Women's Court pilot program.

     More specifically, the measure:

     (1)  Makes permanent the Women's Court pilot program in the First Circuit; and

     (2)  Establishes a three-year Women's Court pilot program in the Kona division of the Third Circuit.

     Your Committee received written comments in support of this measure from the Judiciary, Department of Health, Maui County Department of the Prosecuting Attorney, State Council on Mental Health, League of Women Voters of Hawaii, Hawaii Substance Abuse Coalition, Community Alliance on Prisons, and one individual.

     Your Committee finds that establishing a permanent Women's Court in the First Circuit and a Women's Court pilot program in the Third Circuit will help reduce recidivism by providing trauma‑informed, gender-responsive treatment programs for incarcerated women in the State.

     Your Committee notes that the Department of Health requests $221,788 to support the Kona division pilot program, including:

     (1)  $145,000 for one full-time equivalent (1.0 FTE) Clinical Psychologist; and

     (2)  $76,788 for one full-time equivalent (1.0 FTE) Social Worker or Human Services professional.

     Your Committee has amended this measure by changing the appropriations to unspecified amounts to facilitate further discussion on the measure.

     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. 727, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 727, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 1240

Honolulu, Hawaii

RE:    H.B. No. 727

       H.D. 1

       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 Judiciary, to which was referred H.B. No. 727, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE WOMEN'S COURT,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish a three—year Women's Court Pilot Program in the circuit court of the Second and Fifth Circuits, which is intended to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs; and

     (2)  Require the Third Circuit of the Judiciary and Big Island Drug Court to conduct an interim study to establish a blueprint for a Women's Court Pilot Program in the Third Circuit.

     Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Office of the Public Defender, State Council on Mental Health, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawaiʻi, County of Hawaiʻi Committee on the Status of Women, Hawaii Substance Abuse Coalition, West Hawaii Bar Association, Community Alliance on Prisons, and nine individuals.

     Your Committee finds that Mohala Wahine, or the State's Women's Court three-year pilot program, was established in the First Circuit by Act 243, Session Laws of Hawaii 2022, and has been operational since January 2023.  The mission of Mohala Wahine is to assist and guide participants in meeting their legal and statutory responsibilities and to facilitate change in the participants' well-being by providing gender-responsive services that uphold the mission of the State's Judiciary and the Adult Client Services Branch.  Additionally, Mohala Wahine aims to enhance community safety by reducing recidivism through evidence-based, trauma-informed care, and cultural practices.  Your Committee further finds that thus far, the Women's Court Pilot Program has been successful, with eleven participants in phase one of treatment and twelve participants in phase two of treatment.  Given the success of the First District's Mohala Wahine, your Committee believes that the Mohala Wahine Pilot Program should become permanent.

     Your Committee additionally finds that the Third Circuit, specifically the Kona area, is at a disadvantage to address crime motivators such as substance abuse, mental health, and homelessness, given its limited community resources and funding, geographic restrictions, limitations of court supervision authorities, overcrowded correctional facilities, understaffed law enforcement, and shortage of direct service providers.  Additionally, Hawaii County has the highest poverty rate in the State, high rates of domestic violence, and limited opportunities for employment, all of which disproportionately impact women, who are more likely to be victims of violence and more likely to have dependent children in their care.  Your Committee believes that, based on data and information provided by the Judiciary in testimony at the public hearing on this measure, closing the service gap for the most at-risk women in the Kona area of the Third District is imperative.  This measure will support women in the State dealing with trauma, abuse, unhealthy relationships, and more by providing substance abuse treatment, mental health support, and assistance with navigating the criminal and social services systems.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting language making the Women's Court Pilot Program in the First Circuit permanent;

     (2)  Establishing a three—year Women's Court Pilot Program in the circuit court of the Kona division of the Third Circuit, rather than the Second and Fifth Circuits;

     (3)  Specifying that the Women's Court Pilot Program is under the supervision of the Big Island Drug Court;

     (4)  Inserting an appropriation amount of $514,900 for fiscal year 2025-2026 and $557,000 for fiscal year 2026-2027 for services and two temporary positions for the Women's Court Pilot Program in the Kona division of the Third Circuit;

     (5)  Deleting language that would have appropriated an unspecified amount of funds to the Department of Health for an unspecified number of temporary positions;

     (6)  Deleting language that would have required the Third Circuit of the Judiciary and Big Island Drug Court to conduct an interim study to establish a blueprint for a Women's Court Pilot Program in the Third Circuit;

     (7)  Requiring the Judiciary to submit a report to the Legislature no later than forty days prior to the Regular Session of 2026 regarding the need for and the associated costs of a pilot program for Women's Court in the Second and Firth Circuits and Hilo division of the Third Circuit;

     (8)  Amending section 1 to reflect its amended purpose;

     (9)  Inserting an effective date of April 23, 2057, to encourage further discussion; and

    (10)  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. 727, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 727, H.D. 1, 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,

STAND. COM. REP. NO.  1142

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 727

      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 Finance, to which was referred H.B. No. 727, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE WOMEN'S COURT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish a three-year women's court pilot program in the circuit court of the Second and Fifth Circuits, which is intended to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs; and

     (2)  Require the Third Circuit of the Judiciary and Big Island Drug Court to conduct an interim study to establish a blueprint for a women's court pilot program in the Third Circuit.

     Your Committee received testimony in support of this measure from the Office of the Public Defender; Department of the Prosecuting Attorney of the County of Maui; Hawaii Substance Abuse Coalition; Community Alliance on Prisons; and nine individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Judiciary and Department of Health.

     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. 727, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  624

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 727

      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 Judiciary & Hawaiian Affairs, to which was referred H.B. No. 727 entitled:

"A BILL FOR AN ACT RELATING TO THE WOMEN'S COURT,"

begs leave to report as follows:

     The purpose of this measure is to establish a three-year women's court pilot program in the Second, Third, and Fifth Circuits of the Judiciary to acknowledge the distinct pathways that lead women into the criminal justice system and address their individualized needs.  Specifically, this measure:

     (1)  Requires the pilot program to implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism;

     (2)  Appropriates funds to the Judiciary for equipment; mental health, substance abuse treatment, and other services; and the establishment of seven temporary positions for the pilot program; and

     (3)  Requires the Judiciary to submit annual reports on the pilot program throughout its duration.

     Your Committee received testimony in support of this measure from the Department of Health; Judiciary; Office of the Public Defender; Office of the Prosecuting Attorney of the County of Kauaʻi; Department of the Prosecuting Attorney of the County of Maui; Community Alliance on Prisons; Hawaii Substance Abuse Coalition; League of Women Voters of Hawaii; American Civil Liberties Union of Hawaiʻi; and two individuals.

     Your Committee finds that research has shown that gender-responsive approaches result in far better outcomes for women who face unique barriers to success after incarceration.  Women offenders are more likely to be primary caregivers for young children, have lower educational attainment, lack stable work history, and experience economic or social marginalization.  This measure seeks to address these barriers and improve outcomes for women offenders.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have established a three-year women's court pilot program in the Third Circuit of the Judiciary and instead requiring the Third Circuit of the Judiciary and Big Island Drug Court to study and submit a report on establishing a women's court pilot program in the Third Circuit;

     (2)  Changing the number of temporary staff positions established in the Judiciary to an unspecified amount;

     (3)  Inserting an appropriation for the Department of Health for the women's court pilot program, including the establishment of positions;

     (4)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider establishing seven temporary positions in the Judiciary and an appropriation amount of $801,802 to the Department of Health, including:

     (1)  $145,000 for one full-time equivalent (1.0 FTE) temporary clinical psychologist position;

     (2)  $76,788 for one full-time equivalent (1.0 FTE) temporary social worker/human services professional IV position; and

     (3)  $45,216 for one full-time equivalent (1.0 FTE) temporary social services assistant V position,

to be placed in the Department of Health.

     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. 727, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 727, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,