Column: Bail reform bill ignores public safety, emboldens criminals

In a banner legislative year, after accomplishing much to be proud of, our state Legislature fumbled at the goal line with the passing of House Bill 1567, the “no cash bail” bill, a piece of legislation that is clearly not in the best interest of the public.

The version of the bill that was approved by the Legislature and sent to the desk of Gov. David Ige on May 4 is so bad that its author, state Rep. Scot Matayoshi, has since asked the governor to veto it.

That alone should be enough for our commentary, but in the event that it isn’t: Both of us have a passionate interest in protecting the less fortunate, and we both despise the unjust treatment of all individuals — but this bill, which claims to fix inequities for those who have been accused of crimes, is based on myths which sound well-intended until you take a closer look.

The bill, if signed into law by the governor, will require judges to release people accused of certain crimes on their own recognizance, without any guarantee that they will return to court.

The legislative branch is crossing a dangerous line by telling the judicial branch (judges) how to rule on a specific list of charges.

What is even more puzzling is that legislators decided that the set of crimes worthy of qualifying for mandatory release are mostly property crimes, which are our state’s top law enforcement problem. If you have ever had anything stolen, or are trying to run a business in an area swarming with thieves, these crimes can be devastating. So-called “petty” crimes, such as theft and harassment, are not “petty” for victims of theft and harassment.

Hawaii is already blessed with an extremely compassionate judiciary system. The only people who are held on bail as it is are those who our judges believe present serious issues.

Everyone else is released and expected to appear on their own. Many criminals do not show up for their next court appearance. That starts a vicious and costly cycle of police rearresting people who are in contempt of court, only to have them then rereleased on that contempt of court charge.

It takes a lot to get arrested, more to wind up in jail, and then even more to be held on bail. Not only does this bill ignore public safety, it emboldens the criminal community to continue the unfettered rampage of crime that we’ve seen bombarding our neighborhoods in recent months.

Yes, our jails are overcrowded. We do need more jail beds, mental health beds and modern rehabilitative services. But our approach to public safety needs to be multifaceted and all-encompassing, and this bill does not solve our problems. As leaders, it is our responsibility to work together, with a sense of urgency, to remedy this situation.

And to Gov. lge, we agree with the author of HB 1567: It’s a bad bill. We sincerely trust that you will veto it.

Rick Blangiardi is the mayor of Honolulu; Gene Ward is the state House representative for Hawaii Kai-Kalama Valley.