HB 892: Penal Code; Probation; Geographical Restrictions; Limitations

A BILL FOR AN ACT

RELATING TO GEOGRAPHICAL RESTRICTIONS.

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

     SECTION 1.  The legislature finds that in criminal law, a geographical restriction imposed upon an individual found guilty of a crime is ordinarily limited to specific individuals or property to deter future crime.  For decades, geographical restrictions have been imposed upon defendants in Hawaii courts under the Weed and Seed program, and most recently under the Safe and Sound Waikiki program managed by the city and county of Honolulu office of the prosecuting attorney in association with the Honolulu police department and nongovernmental organizations.  These programs have been imposing geographical restrictions on habitual crime offenders to deter criminal activities in the designated area.

     Recently, the city and county of Honolulu office of the prosecuting attorney began implementing the Safe and Sound program beyond the boundaries of the Waikiki business district.  Safe and Sound Westside prohibits defendants from entering or remaining, except for legitimate reasons with prior approval of the court, in a large portion of Oahu, bounded by and including the following streets or landmarks:  the shoreline from Kahe Point Beach Park until Kaena Point State Park, and one mile mauka of the shoreline.

     The legislature further finds that geographical restrictions have not been addressed by the Hawaii supreme court, and their legality has not been tested against established principles under the federal and state constitutions, including the right to freedom of movement, the right to equal protection of laws, and the traditional and customary right of access under the Hawaii State Constitution and state law.

     The prohibitions imposed under the Safe and Sound Westside program have resulted in numerous individuals being unable to work, live, commune with family, seek medical care, or practice cultural rights in a significant portion of the island of Oahu.  In consideration of the legal issues associated with geographical restrictions, the legislature must act to establish reasonable limits.

     Accordingly, the purpose of this Act is to establish limitations on geographical restrictions provided as a condition of probation.

     SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§706-     Geographical restrictions; limitations.  Except as otherwise provided by law, any geographical restriction provided as a condition of probation shall:

     (1)  Be limited to an area that is no larger than 0.5 acres;

     (2)  Be narrowly tailored to the defendant's criminal conviction; and

     (3)  Not be imposed upon areas of land or access to sea, the right to which is protected by law."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Penal Code; Probation; Geographical Restrictions; Limitations

Description:

Establishes limitations on geographical restrictions provided as a condition of probation.  (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 GEOGRAPHICAL RESTRICTIONS.

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

     SECTION 1.  The legislature finds that in criminal law, a geographical restriction imposed upon an individual found guilty of a crime is ordinarily limited to specific individuals or property to deter future crime.  For decades, geographical restrictions have been imposed upon defendants in Hawaii courts under the Weed and Seed program, and most recently under the Safe and Sound Waikiki program managed by the city and county of Honolulu office of the prosecuting attorney in association with the Honolulu police department and nongovernmental organizations.  These programs have been imposing geographical restrictions on habitual crime offenders to deter criminal activities in the designated area.

     Recently, the city and county of Honolulu office of the prosecuting attorney began implementing the Safe and Sound program beyond the boundaries of the Waikiki business district.  Safe and Sound Westside prohibits defendants from entering or remaining, except for legitimate reasons with prior approval of the court, in a large portion of Oahu, bounded by and including the following streets or landmarks:  the shoreline from Kahe Point Beach Park until Kaena Point State Park, and one mile mauka of the shoreline.

     The legislature further finds that geographical restrictions have not been addressed by the Hawaii supreme court, and their legality has not been tested against established principles under the federal and state constitutions, including the right to freedom of movement, the right to equal protection of laws, and the traditional and customary right of access under the Hawaii State Constitution and state law.

     The prohibitions imposed under the Safe and Sound Westside program have resulted in numerous individuals being unable to work, live, commune with family, seek medical care, or practice cultural rights in a significant portion of the island of Oahu.  In consideration of the legal issues associated with geographical restrictions, the legislature must act to establish reasonable limits.

     Accordingly, the purpose of this Act is to establish limitations on geographical restrictions provided as a condition of probation.

     SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§706-     Geographical restrictions; limitations.  Except as otherwise provided by law, any geographical restriction provided as a condition of probation shall:

     (1)  Be limited to an area that is no larger than      acres;

     (2)  Be narrowly tailored to the defendant's criminal conviction; and

     (3)  Not be imposed upon areas of land or access to sea, the right to which is protected by law."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Penal Code; Probation; Geographical Restrictions; Limitations

Description:

Establishes limitations on geographical restrictions provided as a condition of probation.

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

STAND. COM. REP. NO.  817

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 892

      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. 892 entitled:

"A BILL FOR AN ACT RELATING TO GEOGRAPHICAL RESTRICTIONS,"

begs leave to report as follows:

     The purpose of this measure is to establish limitations on geographical restrictions imposed as a condition of probation.

     Your Committee received testimony in support of this measure from the Judiciary and Office the Public Defender.

     Your Committee finds that the imposition of geographical restrictions as a condition of probation, the goal of which is rehabilitation, has significant effects on an individual's life.  Although imposing geographical restrictions is intended to promote accountability and public safety, it is not always an effective tool for probation because the size of the geographic area dilutes the enforceability of the condition and ultimately makes an individual's reintegration into society more challenging.  Your Committee believes that more narrowly tailoring geographic restrictions may be a better solution.

     Your Committee has amended this measure by:

     (1)  Limiting the area of a geographical restriction to no larger than 0.5 acres; 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 892, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 892, H.D. 1, and be placed on the calendar for Third Reading.

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