Editorial: Reforms can cut jail population

The consequences of being charged with an offense, whether guilty or not, can be life-changing, especially for the cash-strapped.

In Hawaii and many other states, a “money bail” system unfairly penalizes the low-income defendant who poses no apparent flight risk or danger to the public. A report issued last year by the ACLU of Hawaii found that in cases where bail was set, less than half of criminal defendants were able to pay it, so instead, remained in jail.

Pretrial detainees in jail for days, weeks or even months at a time can lose their employment. Without a steady paycheck, they can lose housing, vehicles and fall behind on other responsibilities. What’s more, the current system costs taxpayers roughly $150 a day per detainee.

Noting reforms underway in other states, two years ago, the Legislature directed a Judiciary-led task force to draft recommendations on how to improve Hawaii’s system. A key focus of the new Criminal Pretrial Task Force’s report, released last month, is the bail-versus-jail matter.

The report’s list of some two dozen recommendations starts with support for police discretion in opting for a citation rather than arrest for low-level offenses, including Class C felonies (the least serious type); and expanding initiatives to prevent arrest of low-risk defendants grappling with homelessness, substance abuse and mental health problems.

In terms of avoiding waste of public resources and undue infringement on personal liberty, these are steps in the right direction. Moreover, diversion initiatives — connecting defendants with community social service agencies — could help reduce recidivism.

The ACLU’s report — a snapshot of bail use in Hawaii — found that statewide, money is required to bail out nearly 90 percent of the time. And of the nearly 2,200 people held in our jails on any given day, about half are pretrial detainees.

Addressing pretrial detention of those posing low risk to public safety, the task force recommends broadening alternatives in two ways. Home detention and electronic monitoring for those lacking finances for release on bail; and expanding residential and treatment programs for those unable to manage their everyday life.

Even while awaiting trial, low-risk defendants in apparent need of such programs should be afforded opportunity to obtain services and housing in a structured environment that could help them avoid future legal troubles.

And given that the aging Oahu Community Correctional Center is overcrowded and operating inefficiently, the other jail-free options for the low-risk bracket hold promise. OCCC in Kalihi houses more than 1,300 inmates in a facility originally designed for 628, but modified over the years to fit about 950.

However, if the state moves toward more home detention and ankle bracelets, it must also do more to address victim’s rights and public safety concerns. To that end, among the task force’s recommendations is evaluation of a defendant’s risk of violence — something that Hawaii’s current risk-assessment tool lacks.

Another notable recommendation: scrapping money bail for lower-level offenses. That means, with certain exceptions, defendants charged with non-violent petty misdemeanors, such as traffic offenses, would be released on their own recognizance. This strategy is making strides in other states now swapping money-based for risk-based systems.

This year, California will become the first state nationwide to abolish bail for suspects awaiting trial under a reform law enacted last year.

In Hawaii, state lawmakers last year deferred action on a measure that would require courts to release low-risk arrestees on “personal recognizance” or through unsecured bond. It also aims to establish a statewide court appearance system, and requirements for a pretrial risk assessment tool.

With the task force’s report now in hand, the 2019 Legislature has good reason to again pick up this proposal — as well as others for pretrial-related improvements — and support it.