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GM 1252

Informing the Legislature that on June 25, 2026, the Governor signed the following bill into law: SB2721 SD1 HD1 CD1 (ACT 151).

2026 Regular Session

Hawaii’s Penal Code reforms to align sentencing, expand mental health evaluations, modernize bail and release, and update drug, nuisance, and liability rules for fair, evidence-bas

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Bill Summary · GM 1252

Overview

GM 1252 (Act 151) reports that SB 2721, SD1 HD1 CD1, relating to the administration of justice, was signed into law on June 25, 2026 by the Governor of Hawaii. The measure amends multiple chapters of the Hawaii Penal Code and related statutes to implement recommendations from the Advisory Committee on Penal Code Review.

Main purpose and intent

  • Align Hawaii’s Penal Code with consistent, proportionate sentencing across offenses; incorporate national best practices and evidence-based strategies; ensure fair restitution and deterrence without socioeconomic or ethnic bias.
  • Reform processes related to mental health evaluations, fitness to proceed, and treatment in lieu of punishment where appropriate.
  • Update several criminal justice procedures, including preliminary definitions, statutes of limitations, evidence standards, and probation/conditional release provisions.
  • Modernize bail, confinement, and monitoring practices to improve efficiency, public safety, and rehabilitation.

Key provisions and changes

The bill is organized into multiple parts. Highlights include:

  • Part I–II: Sets findings and authorizes revisions to the Penal Code based on the advisory committee’s recommendations.
  • Section 701-107 and 701-108 (Felony designation and statutes of limitation)
    • Clarify and adjust thresholds for what constitutes a felony.
    • Update various limitation periods for manslaughter, Class A/B/C felonies, and misdemeanors.
  • Section 701-116: Proving applicability of the Code
    • Clarifies standards for when certain facts must be proved by the prosecution or defendant.
  • Part III (Mental Health and Fitness to Proceed)
    • Section 704-404 and related subsections authorize flexible examinations using telehealth and allow health and corrections departments to provide secure access for examinations.
    • Court may obtain and share existing medical, mental health, social, police, and juvenile records for examinations, with protective limits on disclosure (juvenile records protected; expunged records generally excluded).
    • Expanded authority for the court to order and receive comprehensive records to inform fitness determinations.
    • Provisions on appointment of multiple examiners (including psychiatrists and licensed psychologists) and independent diagnosis for fitness.
    • Provisions for continued collaboration among examiners and for restoration of fitness to proceed.
  • Section 704-406, 704-407.5: Procedures for unfitness to proceed
    • If unfit, defendant may be committed to the Director of Health for detention, assessment, care, and treatment; provisions for conditional releases, fitness restoration, and potential dismissal if fitness cannot be regained.
  • Part IV–V: Inchoate crimes and conspiracy
    • Reframes criminal attempt and solicitation/conspiracy provisions to reflect updated standards of accountability and reliance on the code for liability.
  • Part VI–VII: Disposition and probation, bail-related reforms
    • Amends probation lengths (e.g., up to 10 years for certain felonies), and adjusts bail-related processes including telepresence and monitoring.
    • Revises offenses related to escape, obstruction, and related public order/fraud behaviors.
  • Part VIII–IX: Public order and controlled substances
    • Adds new offenses and clarifies penalties for unreasonable noise, with new statutory definitions for “unreasonable noise.”
    • Creates a new offense: possessing a dangerous drug in the second degree (misdemeanor) with accompanying addiction treatment requirements.
    • Revises first-degree drug possession definitions and penalties, with tiered penalties and treatment considerations.
  • Part X: Bail and release conditions
    • Establishes a statewide program for posting monetary bail seven days a week (by July 1, 2027) with a single vendor option; defendants released promptly upon posting.
    • Expands conditions for release on bail, including restrictions on contact, geography, weapons, reporting requirements, employment/education, curfews, mental health treatment, electronic monitoring, and other appropriate conditions; emphasizes least restrictive conditions.
  • Part XI–XII: Transition provisions and effectiveness
    • Align effective dates and reenactment provisions to ensure continuity with prior law and pending repeals.
    • Several sections take effect on September 1, 2026, with certain provisions taking effect earlier or later as specified.

Who is affected

  • Defendants in Hawaii criminal prosecutions, including those charged with felonies, misdemeanors, and drug offenses.
  • Courts, the Department of Health, the Department of Corrections and Rehabilitation, police departments, prosecutors, the public defender, and the Office of Hawaiian Affairs (as noted in the advisory committee composition).
  • Mental health evaluators, medical professionals involved in fitness to proceed determinations, and telehealth service providers.
  • Individuals subject to bail and release conditions, as well as those undergoing fitness restoration or treatment programs.

Procedural and timeline aspects

  • Enactment and take effect dates:
    • Approved June 25, 2026; Act 151.
    • Various sections take effect on June 29, 2026, September 1, 2026, or July 1, 2027, as specified in the act.
  • Bail transition:
    • A statewide monetary bail posting program must be established by July 1, 2027, with potential vendor contracting and seven-day-a-week availability.
  • Transitional provisions:
    • Some sections reenact prior statutory forms while preserving amendments, ensuring continuity with existing law.

Summary

SB 2721 CD1, now enacted as Act 151, implements a broad set of reforms to Hawaii’s Penal Code and related statutes focused on consistency, proportionality, and evidence-based approaches. It strengthens mental health review processes, expands the use of telehealth for evaluations, clarifies records access and disclosure for fitness proceedings, refines felony classifications and time limits, updates conspiracy and attempted crime provisions, expands the use of conditional release and electronic monitoring, and introduces a new framework for drug offenses andUnreasonable noise offenses. It also establishes a statewide, modernized bail posting program to facilitate timely release.

Compiled from official sources — confirm details with the bill’s official record.

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