Gov. Neil Abercrombie on Wednesday signed into law the first components of a justice reform initiative that could eventually free up prison space and reduce the number of prisoners sent to the mainland to serve their sentences.
The new laws would allow probation for second-time felony drug offenders, reduce probation for certain second-and third-degree felonies to four years instead of five, limit prison terms for first-time parole violators and require pretrial risk assessments within three working days of incarceration.
Prisons will also deduct 25 percent from prisoner earnings or other money in inmate accounts for victim restitution, up from 10 percent. The Hawaii Paroling Authority will be expanded to five members from three.
A Justice Reinvestment Initiative working group conducted an analysis of the state’s criminal justice system and recommended improvements for the pretrial process, parole and victim restitution. The changes could gradually open bed space in state prisons through the next several years.
The state now spends about $45 million a year to house about a third — or 1,700 — of inmates on the mainland because state prisons are overcrowded.
"These bills enhance our capacity to act in a responsible way with regard to public safety," Abercrombie, a former probation officer, said at a news conference at the state Capitol.
The Justice Reinvestment Initiative was one of Abercrombie’s legislative priorities this year and he called the new laws "as important as anything we’ve done." The governor said he may ask lawmakers next session to explore giving judges more discretion over sentencing.
State Chief Justice Mark Recktenwald described the new laws as the product of a "levelheaded assessment" of the criminal justice system.
"It really, I think, reflects a commitment to looking at the actual results that the system is achieving and looking for ways to make the system work better to enhance public safety," he said.
Honolulu Prosecutor Keith Kaneshiro, who did not attend the bill signing, has been critical of reduced probation and limits on prison time for parole violators. He has said that public safety, and not cutting correctional costs, should be paramount.
State Sen. Will Espero (D, Ewa-Honouliuli-Ewa Beach), the chairman of the Senate Public Safety, Government Operations and Military Affairs Committee, said the state’s criminal justice system needed the independent analysis and will benefit from the changes.
"This will not jeopardize public safety and it will help us in our efforts to reduce recidivism and to make our communities safer," he said.
