(a) The institute shall establish and maintain a centralized statewide criminal pretrial justice data reporting and collection system.
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Terms Used In Hawaii Revised Statutes 614-3

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Institute: means the criminal justice research institute. See Hawaii Revised Statutes 614-1
  • Statute: A law passed by a legislature.
(b) In establishing the system, the institute shall take all 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.

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