Section 1 – Definitions
As used in this chapter, unless the context otherwise requires:
“Board” means the board of directors of the criminal justice research institute.
“Institute” means the criminal justice research institute.
Section 2 – Establishment of the criminal justice research institute
(a) There is established within the office of the chief justice a criminal justice research institute dedicated to examining all aspects of the criminal justice system, for the purpose of assisting the State in understanding the system in a more comprehensive way and ensuring the protection of individual rights, increasing efficiencies, and controlling costs. The institute shall have the authority to examine all areas of the criminal justice system, including police, prosecutors, defense counsel, courts, pretrial services, probation and parole, jails, prisons, as well as examine the manner in which related areas, including mental health services and drug treatment services, intersect with the criminal justice system.
(b) The institute’s duties and functions shall include:
(1) Collecting data to monitor the overall functioning of the criminal justice system;
(2) Monitoring evidence-based practices and reporting on the effectiveness of practices and policies implemented as a result of the recommendations of the criminal pretrial task force established by House Concurrent Resolution No. 134, House Draft 1 (2017);
(3) Conducting cost-benefit analysis on various areas of operation;
(4) Monitoring national trends in criminal justice; and
(5) Issuing public reports to inform all criminal justice stakeholders and the public about the functioning of the criminal justice system.
(c) The institute shall be overseen by a board of directors, which shall consist of the chief justice, or the chief justice’s designee, a representative of the office of the governor, an appointee of the senate president and an appointee of the speaker of the house, and the director of law enforcement. The board of directors shall be chaired by the chief justice, or the chief justice’s designee.
(d) The chief justice shall appoint as director of the institute a researcher with a doctoral degree and experience in the criminal justice field. The director shall hire staff necessary to accomplish the purposes of this chapter, including a minimum of two assistant researchers and one clerical assistant. The institute may seek the assistance of the University of Hawai’i or another appropriate entity when conducting large or complex research projects that require more staff.
(e) Employees of the institute shall be exempt from chapter 76 and shall not be considered civil service employees, but shall be entitled to any employee benefit plan normally inuring to civil service employees.
(f) The board of directors shall meet with the director not less than once each quarter to receive reports from the director and make recommendations and set policy. The initial report shall include suggestions, if any, for additional duties and functions of the institute.
Section 3 – Centralized statewide criminal pretrial justice data reporting and collection system
(a) The institute shall establish and maintain a centralized statewide criminal pretrial justice data reporting and collection system.
(b) In establishing the system, the institute shall take any necessary and appropriate steps, including:
(1) Identifying all current databases utilized by various state agencies to track criminal pretrial information;
(2) Determining the administrative and technological feasibility of aggregating and sharing current data; and
(3) Identifying critical gaps in data and information collection that are required for a robust assessment of criminal pretrial justice matters, which may include information relating to:
(A) Arrests;
(B) Monetary and non-monetary conditions of release;
(C) Bail amounts;
(D) Risk assessments;
(E) Risk assessment scores;
(F) Bail report recommendations;
(G) Information gathered in risk assessments or bail reports;
(H) Bail hearings;
(I) Judicial decisions to release and conditions imposed on release;
(J) Judicial decisions to detain;
(K) Concordance between the bail report recommendation and decision, length of stay, and pretrial supervision; and
(L) The degree to which a defendant’s assessed risk correlates with the defendant’s actual risk, including an assessment of whether the defendant appears in court, commits other crimes, or engages in violent conduct when released from custody.
(c) The institute shall develop and track performance indicators that accurately reflect the effectiveness of the State’s criminal pretrial system. Performance indicators may include but shall not be limited to:
(1) The percentage of supervised defendants who make all scheduled court appearances;
(2) The percentage of supervised defendants who are not charged with a new offense during the pretrial stage;
(3) The ratio of defendants whose supervision level or detention status corresponds with each respective defendant’s assessed risk of pretrial misconduct;
(4) The percentage of released defendants who:
(A) Do not have their release revoked for technical violations of the conditions of their release;
(B) Appear for all scheduled court appearances; and
(C) Are not charged with a new offense during pretrial supervision;
(5) The average length of stay in jail for pretrial detainees who are eligible by statute for pretrial release;
(6) The percentage of defendants who remain arrest-free during the pretrial release period; and
(7) The percentage of defendants who remain on release at the conclusion of their pretrial period without a pending request for removal or revocation due to non-compliance.
(d) Ongoing staff support for the system shall be conducted by the institute’s staff and shall not be contracted to another entity.
(e) The institute shall protect any information and data that may be shared.
(f) The institute shall compile an annual report that reviews and analyzes data from the system to evaluate the effectiveness of the State’s criminal pretrial system and identify possible improvements. The institute shall submit the report, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session.
(g) As used in this section, unless the context otherwise requires, “system” means the centralized statewide criminal pretrial justice data reporting and collection system established by this section.
Note: Criminal justice research institute reports to 2024-2025 legislature regarding the creation of a centralized statewide criminal pretrial justice data reporting and collection system.