Hawai\u02bbi has the longest average probation terms in the country \u2014 more than double the national average \u2014 something lawmakers appear poised to change this year as part of a broader slate of revisions to the state\u2019s criminal code.<\/p>\n
State and national research has shown that a large percentage of people don\u2019t reoffend while on probation, and most people who do commit another crime while under court-ordered supervision do so within the first year.<\/p>\n
However, lengthy probation terms increase the likelihood that someone will be incarcerated not for criminal conduct but for minor probation violations like missing meetings with their probation officer or possessing drugs and failing to comply with treatment.<\/p>\n
About every 10 years, stakeholders from across Hawai\u02bbi\u2019s criminal justice system \u2014 from prosecutors and law enforcement to victims advocates and defense attorneys \u2014 take an extensive look at the state\u2019s penal code, which lists criminal offenses and their punishments. Historically, it\u2019s been an opportunity to tackle some of the thorniest issues and push reforms through the Legislature. The chair of the House Judiciary Committee said he\u2019s optimistic the bill containing those changes<\/a> will pass. <\/p>\n Some of the recommended changes this year are minor, like the elimination of fees for court-ordered ankle monitors and reducing how long prosecutors can go after people for parking tickets. Others, like the decrease in probation terms and a move to make possession of trace amounts of drugs a misdemeanor instead of a felony, will impact hundreds, if not thousands, of Hawai\u02bbi residents each year, according to the public defender\u2019s office.<\/p>\n \u201cWe are starting to reevaluate some practices that have been in place for an incredibly long time,\u201d Hayley Cheng, first deputy with the Office of the Public Defender, said. The changes are an opportunity \u201cto better address some of the concerns and maybe outdated practices that we were operating under.\u201d<\/p>\n Reducing Probation For Non-Violent Felonies<\/p>\n Judges handed out more than 17,000 probation orders in Hawai\u02bbi between July 2024 and June 2025.<\/p>\n About 45% of people on felony probation in Hawai\u02bbi in 2015 and 2016 didn\u2019t get in any trouble while under supervision, according to a 2019 study by the Hawai\u02bbi Interagency Council for Intermediate Sanctions. The study didn\u2019t differentiate between people who committed new offenses and those who only violated their probation terms.<\/p>\n Out of 1,301 felony probationers, 533 \u2014 about 41% \u2014 were arrested or violated their probation within the first year. Another 160 people were arrested or violated probation in their second year on probation. By the third year, that number dropped to just 14 people.<\/p>\n Extended periods of probation are a waste of resources that are \u201cat least, unnecessary, at worst, harmful, when we\u2019re spending time supervising people who are at low risk to commit any serious offense,\u201d said David Muhammad, executive director of the National Institute for Criminal Justice Reform.<\/p>\n Longer probation terms can also create problems for people who are just trying to meet all the restrictive requirements. <\/p>\n People are required to attend regular meetings with their probation officer and can be subject to random searches of their house or car. They can also be prohibited from leaving the court\u2019s jurisdiction without permission, required to follow a curfew and even be restricted from leaving their house. The stringent requirements can make it hard for people to hold down a job or secure housing, both of which are often requirements of their probation. <\/p>\n Violating the terms of their probation can land people in jail, even without breaking the law. <\/p>\n \u201cThe longer I\u2019m being supervised, the more likely it is you\u2019re going to catch me up in doing something that\u2019s a violation of the terms of my supervision,\u201d Muhammad said. \u201cIt might be minor, but because that means I\u2019m subject to reincarceration, the harms are significant.\u201d<\/p>\n Advocates for criminal justice reform say probation times can be shorter without increasing recidivism. For Muhammad, it\u2019s about being \u201csmart on crime.\u201d <\/p>\n \u201cWe shift our focus to have greater engagement with the small number of people who are assessed as high, or even very high. I really think that that becomes a win-win,\u201d he said. \u201cUnnecessary supervision that often can become harmful can go away, and then we can improve public safety by increasing and focusing on the individuals that need it.\u201d <\/p>\n For members of the Advisory Committee on Penal Code Review, it was jarring to learn that Hawai\u02bbi has longer probation terms than any other state, including more conservative states, without better results. That factored into the committee\u2019s recommendation that probation for certain low-level, non-violent felonies be reduced from four to three years. <\/p>\n The change would not apply to people on probation for assault, terroristic threatening, kidnapping, extortion or arson. <\/p>\n