SB 544: Minor Defendants; Criminal Law; Sentencing

A BILL FOR AN ACT

RELATING TO SENTENCING OF MINOR DEFENDANTS.

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

     SECTION 1.  The legislature finds that children are different from adults and that these differences must be taken into account when children are being sentenced for adult crimes.  As stated by the United States Supreme Court in Miller v. Alabama, 567 U.S. 460 (2012), "only a relatively small proportion of adolescents" who engage in illegal activity "develop entrenched patterns of problem behavior", and "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds", including "parts of the brain involved in behavior control".  Children are more vulnerable to negative influences and outside pressures, including from their family and peers, and they have limited control over their own environment and lack the ability to extricate themselves from horrific, crime-producing settings.  The United States Supreme Court has also emphasized that "the distinctive attributes of youth diminish the penological justifications of imposing the harshest sentences on juvenile offenders, even when they commit terrible crimes".  The legislature further acknowledges recent research demonstrating high rates of adverse childhood experiences and childhood trauma among children tried as adults.  Specifically, children tried as adults have often been victims of physical, emotional, and sexual abuse, and come from broken homes where domestic violence, substance abuse, mental illness, and incarceration are common.

     Accordingly, the purpose of this Act is to allow courts to depart from mandatory minimum and sentencing enhancements when sentencing minor defendants if the court believes the reduction is warranted given certain factors.

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

     "§706-    Discretion when sentencing a defendant for an offense committed while a minor.  (1)  If a person is convicted as an adult for an offense that the person committed when the person was a minor, in addition to any other factor that the court is required to consider before sentencing the person, the court shall consider the following factors:

     (a)  The person's exposure to an adverse childhood experience or early childhood trauma, including involvement in the child welfare or foster care systems;

     (b)  The person's status as a victim of human trafficking or abuse at the time of the offense;

     (c)  The differences between minor and adult offenders, including but not limited to the diminished culpability of minors as compared to that of adults and the typical characteristics of youth;

     (d)  The level of participation in the offense and the impact of peer or familial pressure;

     (e)  The person's intellectual capacity and any underlying mental health conditions; and

     (f)  Any other factors the court deems relevant.

     (2)  Notwithstanding any other provision of law, after considering the factors set forth in subsection (1), the court may, in its discretion, reduce any mandatory minimum period of incarceration or depart from any mandatory sentencing enhancement that the person is required to serve if the court determines that the reduction or departure is warranted given the person's age, trauma history, and prospects for rehabilitation.

     (3)  For the purposes of this section, "minor" means any person under the age of eighteen years."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Minor Defendants; Criminal Law; Sentencing

Description:

Requires courts to consider certain factors when sentencing a person convicted as an adult for an offense that the person committed when the person was a minor.  Allows courts to reduce a mandatory minimum period of incarceration or depart from a mandatory sentencing enhancement if the court determines that the reduction or departure is warranted given certain factors.  (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 sentencing of minor defendants.

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

     SECTION 1.  The legislature finds that children are different from adults and that these differences must be taken into account when children are being sentenced for adult crimes.  As stated by the United States Supreme Court in Miller v. Alabama, 567 U.S. 460 (2012), "only a relatively small proportion of adolescents" who engage in illegal activity "develop entrenched patterns of problem behavior", and "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds", including "parts of the brain involved in behavior control".  Children are more vulnerable to negative influences and outside pressures, including from their family and peers, and they have limited control over their own environment and lack the ability to extricate themselves from horrific, crime-producing settings.  The United States Supreme Court has also emphasized that "the distinctive attributes of youth diminish the penological justifications of imposing the harshest sentences on juvenile offenders, even when they commit terrible crimes".  The legislature further acknowledges recent research demonstrating high rates of adverse childhood experiences and childhood trauma among children tried as adults.  Specifically, children tried as adults have often been victims of physical, emotional, and sexual abuse, and come from broken homes where domestic violence, substance abuse, mental illness, and incarceration are common.

     Accordingly, the purpose of this Act is to allow courts to depart from mandatory minimum and sentencing enhancements when sentencing minor defendants if the court believes the reduction is warranted given certain factors.

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

     "§706-    Discretion when sentencing a defendant for an offense committed while a minor.  (1)  If a person is convicted as an adult for an offense that the person committed when the person was a minor, in addition to any other factor that the court is required to consider before sentencing the person, the court shall consider the following factors:

     (a)  The person's exposure to adverse childhood experience or early childhood trauma, including involvement in the child welfare or foster care systems;

     (b)  The person's status as a victim of human trafficking or abuse at the time of the offense;

     (c)  The differences between minor and adult offenders, including but not limited to the diminished culpability of minors as compared to that of adults and the typical characteristics of youth;

     (d)  The level of participation in the offense and the impact of peer or familial pressure;

     (e)  The person's intellectual capacity and any underlying mental health conditions; and

     (f)  Any other factors the court deems relevant.

     (2)  Notwithstanding any other provision of law, after considering the factors set forth in subsection (1), the court may, in its discretion, reduce any mandatory minimum period of incarceration or depart from any mandatory sentencing enhancement that the person is required to serve if the court determines that the reduction or departure is warranted given the person's age, trauma history, and prospects for rehabilitation.

     (3)  For the purposes of this section, "minor" means any person under the age of eighteen years."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Minor Defendants; Criminal Law; Sentencing

Description:

Requires courts to consider certain factors when sentencing a person convicted as an adult for an offense that the person committed when the person was a minor.  Allows courts to reduce a mandatory minimum period of incarceration or depart from a mandatory sentencing enhancement if the court determines that the reduction or departure is warranted given certain factors.

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.  1723

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 544

      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 S.B. No. 544 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING OF MINOR DEFENDANTS,"

begs leave to report as follows:

     The purpose of this measure is to allow courts to depart from mandatory minimum and sentencing enhancements when sentencing minor defendants if the court believes the reduction is warranted given certain factors.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Office of the Public Defender; Human Rights for Kids; Rights4Girls; ACLU of Hawai‘i; Opportunity for Youth Action Hawai‘i Kawailoa; and one individual.

     Your Committee finds that children differ from adults in cognitive development, decision-making, and susceptibility to external influences, which must be considered when sentencing minors convicted of adult crimes.  Research shows that many minors in the criminal justice system have experienced significant trauma, abuse, or adverse childhood experiences, impacting their behavior and rehabilitation potential.  This measure would allow the courts to account for the unique psychological and developmental differences between children and adults when sentencing minors for adult crimes and to depart from mandatory minimums and sentencing enhancements if the reduction is warranted based on specific factors, recognizing the impact of childhood trauma and circumstances on juvenile offenders.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment 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 S.B. No. 544, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 544, 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,

STAND. COM. REP. NO. 879

Honolulu, Hawaii

RE:    S.B. No. 544

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 S.B. No. 544 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING OF MINOR DEFENDANTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow courts to depart from mandatory minimum and sentencing enhancements when sentencing minor defendants if the court believes the reduction is warranted given certain factors.

     Your Committee received testimony in support of this measure from the Office of the Public Defender, Office of Hawaiian Affairs, Human Rights for Kids, Opportunity for Youth Action Hawaiʻi, Law Enforcement Action Partnership, and three individuals.

     Your Committee finds that children are different from adults and that these differences must be taken into account when children are being sentenced for adult crimes.  For example, children are more vulnerable to negative influences and outside pressures, including from their family and peers, and they have limited control over their own environment and lack the ability to extricate themselves from horrific, crime-producing settings.  Your Committee also finds that research demonstrates that children tried as adults have often been victims of physical, emotional, and sexual abuse, and come from home settings where domestic violence, substance abuse, mental illness, and incarceration are common.  This measure will create a fairer and more just system for the determination of an appropriate sentence for any juvenile waived into the adult system.

     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 S.B. No. 544 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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