Editorial: Keeping hold of arrestees

On one hand, there’s the aspirational; on the other, the practical reality.

Both sides come to bear, as Oahu’s leaders struggle to get a better handle on those arrested for low-level crimes who cannot make bail. The updated policy: Such arrestees will be held overnight at the Honolulu Police Department cellblock, then appear in court the next morning. That reverts to a more traditional process, and puts a stop to situations where the on-duty judge had been calling HPD to allow some low-level arrestees to be released on their own recognizance, with a trial date set several weeks or months down the road.

The public-safety practicality of this was underscored by Mayor Rick Blangiardi. “Part of this effort right now is (that) better, stronger law enforcement makes people feel safe,” he said Monday on the Star-Advertiser’s “Spotlight Hawaii” webcast.

It’s hard to argue against taking an overnight beat to better assess arrestees’ history of mental health and/or drug problems, especially when the arrestees are known to patrol officers or prosecutors but not to the on-duty judge. Appearing the next day in court, with fuller information, should lead to better decision-making toward more-appropriate diversion — say, to the Hawaii State Hospital or a drug treatment facility.

But in order for this to work, there must be enough treatment resources and programs — an issue that government and the Judiciary must address.

Advocates who seek elimination of the cash-bail system for some nonviolent low-level offenses worry that the new policy goes the wrong way in criminalizing poverty, and unfairly penalizes arrestees who cannot afford bail. The laudable aspiration for a more-equitable justice system, unfortunately, often runs up against practical concerns for community safety.

The arrestee-release policy change came after conversations last week between Blangiardi, city Prosecutor Steve Alm, HPD Chief Arthur “Joe” Logan, the Judiciary and business leaders. Discussions also yielded consensus to crack down on repeat offenders, a welcome focus amid a spate of property crimes and thefts — such as the series of 55 smash-and-grab burglaries on Oahu since March.

“We’ve got some bad actors out there with lots of priors who’ve been getting their wrist slapped and put back out on the street that become a detriment to society,” Blangiardi said.

Alm is looking to use the habitual property offender statute to charge repeat petty misdemeanors related to property crime as felonies. Particularly for those committing crimes who have drug, alcohol or mental health issues, that would open the option for felony probation to impel treatment to turn things around. That’s the aspiration, at least.