HawaiiHawaii law sets fitness exam procedures and seven-day bail posting
Hawaii’s enacted law revises criminal rules, sets procedures for fitness exams and records, and requires a statewide way to post bail by July 2027.
What it does
Fitness exams may use telehealth at an examiner’s request. Courts may order agencies and other record holders to provide relevant records, including some expunged records, for these exams.
The judiciary must provide a statewide way to post monetary bail seven days a week for eligible people held in state custody. Courts may also set release conditions, including electronic monitoring.
Knowing possession of any amount of a dangerous drug is a misdemeanor; possession of specified quantities is a class C felony. Repeat convictions carry required jail time, and courts must order an assessment.
People responsible for premises may receive a violation for allowing unreasonable noise. Disobeying an order near a fire and some escapes are petty misdemeanors; disorderly conduct can carry the same grade in specified cases.
Argument forPosting bail any day of the week could help some people leave custody sooner after they pay the amount set for them.
Argument againstCourt-ordered access to sensitive records, including some expunged records, could expose private information, even though juvenile records have a narrow protection.
More detail
Courts may use telehealth for fitness exams and order records provided for those exams. These procedures apply to defendants examined for fitness to proceed, including people held in state custody. The court may share records with prosecutors and defense counsel under conditions it sets; juvenile records may be shared only when constitutionally required. When a court order so provides, record holders must provide records without the defendant’s signed consent.
The judiciary must establish and run a statewide program for posting monetary bail. The bail posting program is for defendants who remain in the department’s custody and have a monetary bail amount set. The program covers people held by the Department of Corrections and Rehabilitation when police, another law enforcement agency, or a court has set monetary bail. The judiciary may hire one vendor, which may charge users a service fee. Courts must use the least restrictive nonfinancial release conditions needed to ensure appearance and protect the public. If those conditions require electronic monitoring, the department pays only if funds are specifically appropriated; it may seek repayment for lost or damaged equipment. The judiciary must establish the program by July 1, 2027.
Courts classify dangerous-drug possession by amount and apply the stated probation and repeat-conviction sentences. These provisions apply to people convicted of dangerous-drug possession. Knowing possession of any amount of a dangerous drug is a misdemeanor; possession of specified quantities is a class C felony. After a third or later conviction within five years of a second or later conviction, the sentence requires six months in jail with early release to a treatment program, or up to one year in jail. Courts must require a substance abuse assessment when sentencing, deferring a case, or granting a conditional discharge. The repeat-offense sentence applies to a third or later conviction within five years of a second or later conviction.
The law defines offenses involving noise, orders near fires, escape, and disorderly conduct. The noise rule covers people responsible for premises; the fire-area rule covers people given an order by one of the listed responders. A person responsible for premises may receive a violation for allowing unreasonable noise, which includes noise that grossly departs from ordinary conduct given the place and time or continues after a police officer says it should stop or be reduced. Knowingly disobeying an order about conduct near a fire from a firefighter, law enforcement officer, emergency medical services worker, or emergency medical technician is a petty misdemeanor. Escape by someone held solely for a nonviolent petty misdemeanor is also a petty misdemeanor, unless the person is arrested for a new felony during the escape or while it continues. Disorderly conduct is a violation, but is a petty misdemeanor when the person intends substantial harm or serious inconvenience, or persists after a reasonable warning or request to stop.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 26Act 151, 06/25/2026 (Gov. Msg. No. 1252).Latest
- Jun 26Act 151, on 06/25/2026 (Gov. Msg. No. 1252).Became Law
- May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
- May 8Enrolled to Governor.To Governor
- May 6Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: Senator(s) Lamosao. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none).Major
- Vote recorded Passed Final Reading, as amended (CD 1). Result: pass.Upper
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- May 6Passed Final Reading as amended in CD 1 with Representative(s) Reyes Oda voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Gedeon, Kila, Matsumoto, Muraoka, Pierick voting no (8) and none excused (0).Major
- May 6Received notice of Final Reading (Sen. Com. No. 816).Minor
- Apr 29Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 48-26).
- Apr 2948 Hrs. Notice (as amended CD 1) 05-06-26.
- Apr 29Reported from Conference Committee (Conf Com. Rep. No. 48-26) as amended in (CD 1).
- Apr 29Forty-eight (48) hours notice Wednesday, 05-06-26.
- Apr 28The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Kusch, Poepoe; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 0 Excused: none.Minor
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- Apr 28The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, Gabbard; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Apr 27Conference Committee Meeting will reconvene on Tuesday 04-28-26 2:00PM in conference room 325.
- Apr 24Conference Committee Meeting will reconvene on Monday 04-27-26 2:00PM in conference room 325.
- Apr 23Conference committee meeting to reconvene on 04-24-26 3:10PM; Conference Room 325.
- Apr 22Conference committee meeting scheduled for 04-23-26 2:35PM; Conference Room 325.
- Apr 21Senate Conferees Appointed: Rhoads Chair; Chang, Gabbard.
- Apr 21Received notice of Senate conferees (Sen. Com. No. 718).Minor
- Apr 20House Conferees Appointed: Tarnas, Kusch Co-Chairs; Poepoe, Garcia.
- Apr 20Received notice of appointment of House conferees (Hse. Com. No. 787).Minor
- Apr 16Received from House (Hse. Com. No. 694).Minor
- Apr 16Senate disagrees with House amendments.Minor
- Apr 16Received notice of disagreement (Sen. Com. No. 710).Minor
- Apr 14Passed Third Reading with Representative(s) Kila, Reyes Oda voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Gedeon, Matayoshi, Matsumoto, Muraoka, Pierick, Shimizu voting no (9) and Representative(s) Quinlan excused (1). Transmitted to Senate.Passed House
- Vote recorded Passed Third Reading. Result: pass.Lower
- Apr 10Reported from FIN (Stand. Com. Rep. No. 2076-26), recommending passage on Third Reading.
- Apr 10Deferred one day 04-14-26.Minor
- Apr 7The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Perruso, Templo, Yamashita, Reyes Oda; Ayes with reservations: Representative(s) Alcos, Gedeon; Noes: none; and 1 Excused: Representative(s) Morikawa.Minor
- Vote recorded The committee on FIN recommend that the measure be PASSED, UNAMENDED. Result: pass.Lower
- Apr 2The committee(s) on FIN recommend(s) that the measure be deferred until 04-07-26.Minor
- Apr 2Bill scheduled for decision making on Tuesday, 04-07-26 10:10AM in conference room 308 VIA VIDEOCONFERENCE.
- Mar 31Bill scheduled to be heard by FIN on Thursday, 04-02-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.
- Mar 25Reported from JHA (Stand. Com. Rep. No. 1409-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN. Result: pass.Lower
- Mar 25Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Shimizu voting aye with reservations; Representative(s) Cochran, Garcia, Pierick voting no (3) and Representative(s) Matsumoto, Perruso excused (2).Minor
- Mar 17The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Garcia; and Excused: none.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Mar 12Pass First ReadingMinor
- Mar 12Referred to JHA, FIN, referral sheet 17Minor
- Mar 12Bill scheduled to be heard by JHA on Tuesday, 03-17-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Mar 10Passed Third Reading, as amended (SD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Passed Third Reading, as amended (SD 1). Result: pass.Upper
- Mar 10Received from Senate (Sen. Com. No. 287) in amended form (SD 1).Minor
- Mar 5Reported from JDC (Stand. Com. Rep. No. 2812) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading.
- Mar 5Report adopted; Passed Second Reading, as amended (SD 1).Minor
- Mar 548 Hrs. Notice 3/10/2026.
- Feb 18The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 1 Excused: Senator(s) San Buenaventura.Minor
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Feb 11The committee(s) on JDC has scheduled a public hearing on 02-18-26 9:05AM; Conference Room 016 & Videoconference.
- Feb 3Re-Referred to JDC.Minor
- Feb 2The committee on PSM deferred the measure.Minor
- Jan 30The committee(s) on PSM has scheduled a public hearing on 02-02-26 3:00PM; Conference Room 016 & Videoconference.
- Jan 28Referred to PSM, JDC/WAM.Minor
- Jan 26Passed First Reading.Minor
- Jan 23Introduced.Introduced
Criminal JusticePublic Safety