SB2325 • 2026

RELATING TO JUVENILE OFFENDERS.

Children Crime

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: GABBARD, SAN BUENAVENTURA
Last action: 2026-04-01
Official status: The committee(s) on JHA recommend(s) that the measure be deferred.
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO JUVENILE OFFENDERS.

What This Bill Does

RELATING TO JUVENILE OFFENDERS.
Sentencing; Juvenile Offenders; Sentence Modification; Interest of Justice Authorizes a court to modify sentences imposed on juvenile offenders if certain conditions are met and the court finds that, after considering certain factors, the defendant is not a danger to the safety of any person or the community and the modification is in the interests of justice.
Establishes procedures, provides for hearings and representation by counsel, and authorizes appellate review.
(HD1)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: SB2325 HD1 THE SENATE S.B.

SB2325 HD1 THE SENATE S.B.
NO.
2325 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB2325 SD1 THE SENATE S.B.

SB2325 SD1 THE SENATE S.B.
NO.
2325 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO JUVENILE OFFENDERS .

Bill History

2026-04-01 H
The committee(s) on JHA recommend(s) that the measure be deferred.
2026-03-30 H
Bill scheduled to be heard by JHA on Wednesday, 04-01-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-03-24 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Garrett, Quinlan excused (2).
2026-03-24 H
Reported from HSH (Stand. Com. Rep. No. 1370-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-03-19 H
The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Garcia; Ayes with reservations: Representative(s) Alcos; Noes: none; and Excused: none.
2026-03-17 H
Bill scheduled to be heard by HSH on Thursday, 03-19-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.
2026-03-12 H
Referred to HSH, JHA, referral sheet 17
2026-03-12 H
Pass First Reading
2026-03-10 H
Received from Senate (Sen. Com. No. 211) in amended form (SD 1).
2026-03-10 S
Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-03-06 S
48 Hrs. Notice 3-10-26.
2026-03-06 S
Report adopted; Passed Second Reading, as amended (SD 1).
2026-03-06 S
Reported from JDC (Stand. Com. Rep. No. 2883) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading.
2026-02-13 S
The 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, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Chang, San Buenaventura.
2026-02-09 S
The committee(s) on JDC has scheduled a public hearing on 02-13-26 9:00AM; Conference Room 016 & Videoconference.
2026-01-30 S
Re-Referred to JDC.
2026-01-26 S
Referred to HHS, JDC.
2026-01-21 S
Introduced and passed First Reading.
2026-01-15 S
Pending Introduction.

Official Summary Text

RELATING TO JUVENILE OFFENDERS.
Sentencing; Juvenile Offenders; Sentence Modification; Interest of Justice
Authorizes a court to modify sentences imposed on juvenile offenders if certain conditions are met and the court finds that, after considering certain factors, the defendant is not a danger to the safety of any person or the community and the modification is in the interests of justice. Establishes procedures, provides for hearings and representation by counsel, and authorizes appellate review. (HD1)

Current Bill Text

Read the full stored bill text

SB2325

THE SENATE

S.B. NO.

2325

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to JUVENILE OFFENDERS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The
legislature acknowledges and recognizes that children are different from adults
and that these differences must be taken into account when children are being
sentenced for adult crimes.
�
As noted by
the United States Supreme Court in
Miller v. Alabama,
567 U.S. 460, 471
(2012), "only a relatively small proportion of adolescents who engage in
illegal activity develop entrenched patterns of problem behavior," and "developments
in psychology and brain science continue to show fundamental differences
between juvenile and adult minds," including "parts of the brain
involved in behavior control".

����
The legislature further finds that children
are more vulnerable to negative influences and outside pressures, including
from their family and peers, they have limited control over their own
environment, and lack the ability to extricate themselves from horrific,
crime-producing settings.
�
The United
States Supreme Court emphasized in
Roper, Graham, Miller, and Montgomery
that
the distinctive attributes of youth diminish the penological justifications for
imposing the harshest sentences on juvenile offenders, even when they commit
terrible crimes.

����
The legislature further acknowledges recent
research demonstrating high rates of adverse childhood experiences and
childhood trauma among children tried as adults.
�
Specifically, children tried as adults have
often been victims of physical, emotional, and sexual abuse and come from
broken homes where domestic violence, substance abuse, mental illness, and
incarceration are common.

����
Accordingly, the purpose of this Act is to
allow courts to modify the sentences of juvenile offenders if the court finds
that the defendant is not a danger to the safety of any person or the community
and the modification is in the interests of justice after considering certain
factors.

����
SECTION 2.
�

Chapter 706, Hawaii Revised Statutes, is amended by adding a new section
to part IV to be appropriately designated and to read as follows:

����
"
�706-
�
Sentence modification for juvenile offenders.
�
(1)
�
Notwithstanding any other law to the contrary,
the court may reduce a term of imprisonment imposed upon a defendant convicted
as an adult for offenses committed and completed before the defendant attained eighteen
years of age if:

���
(a)
��
The
defendant has served not less than fifteen years in custody for the offenses;
and

���
(b)
��
The
court finds, after considering the factors set forth in subsection (c), that
the defendant is not a danger to the safety of any person or the community and
that the interests of justice warrant a sentence modification.

����
(2)
�

Any defendant whose sentence is reduced pursuant to subsection (a) shall
be ordered to serve a period of supervised release of not less than three years
following release from imprisonment.

����
(3)
�

The court, in determining whether to reduce a term of imprisonment
pursuant to subsection (a), shall consider:

���
(a)
��
The
nature of the offense and the history and characteristics of the defendant;

���
(b)
��
The
age of the defendant at the time of the offense;

���
(c)
��
A
report and recommendation of the department of corrections and rehabilitation,
including information on whether the defendant has substantially complied with
the rules of each institution in which the defendant has been confined and
whether the defendant has completed any educational, vocational, or other
prison program, where available;

���
(d)
��
The
recommendation of the prosecuting attorney from the county in which the
defendant was prosecuted;

���
(e)
��
Whether
the defendant has demonstrated maturity, rehabilitation, and a fitness to
reenter society sufficient to justify a sentence reduction;

���
(f)
��
Any
statement, which may be presented orally or otherwise, by any victim of an
offense for which the defendant is imprisoned or by a family member of the
victim if the victim is deceased;

���
(g)
��
Any
report from a physical, mental, or psychiatric examination of the defendant
conducted by a licensed health care professional;

���
(h)
��
The
family and community circumstances of the defendant at the time of the offense,
including any history of abuse, trauma, or involvement in the child welfare
system;

���
(i)
��
The
extent of the role of the defendant in the offense and whether, and to what
extent, an adult was involved in the offense;

���
(j)
��
The
diminished culpability of juveniles as compared to that of adults, and the
hallmark features of youth, including immaturity, impetuosity, and failure to
appreciate risks and consequences, which counsel against sentencing children to
the otherwise applicable term of imprisonment; and

���
(k)
��
Any
other information the court determines relevant to the decision of the court.

����
(4)
�
If the court denies or grants, in part, a
motion to reduce a sentence under this section, the defendant shall not:

���
(a)
��
File
a second motion to reduce a sentence for at least three years;

���
(b)
��
File
a third motion to reduce a sentence for at least three years; or

���
(c)
��
File
a fourth motion to reduce a sentence.

����
(5)
�

The department of corrections and rehabilitation shall provide written
notice of this section to any defendant who has served not less than fourteen
years in prison for offenses committed and completed before the defendant
attained eighteen years of age for which the defendant was convicted as an
adult.

����
(6)
�

A request for sentence modification under this section shall:

���
(a)
��
Be
filed as a motion to reduce the sentence of the defendant and may include
affidavits or other written material; and

���
(b)
��
Be
filed with the sentencing court and a copy shall be served on the prosecuting
attorney in the county in which the sentence was imposed.

����
(7)
�
After the filing of a motion to reduce a
sentence pursuant to this section:

���
(a)
��
The
court may direct the parties to expand the record by submitting additional
written materials relating to the motion;

���
(b)
��
The
court shall conduct a hearing on the motion, at which the defendant and counsel
for the defendant shall be given the opportunity to be heard;

���
(c)
��
The
court may allow parties to present evidence;

���
(d)
��
The
defendant shall be present unless the defendant waives the right to be present;
provided that this requirement may be satisfied by the defendant appearing by
video teleconference;

���
(e)
��
A
defendant who is unable to obtain counsel is entitled to have counsel appointed
to represent the defendant for proceedings under this section, including any
appeal, unless the defendant waives the right to counsel; and

���
(f)
��
The
court shall state in open court, and file in writing, the reasons for granting
or denying a motion under this section.

����
(8)
�

The prosecuting attorney or the defendant may file a notice of appeal
for review of a final order under this section.
"

����
SECTION 3.
�

This Act shall have retroactive application and apply to any
sentences
imposed on juvenile offenders
entered before, on, or after the effective
date of this Act.

����
SECTION 4.
�

If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

����
SECTION 5.
�

New statutory material is underscored.

����
SECTION 6.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Sentencing; Juvenile Offenders; Sentence Modification;
Interest of Justice

Description:

Authorizes
courts to modify sentences imposed on juvenile offenders if certain conditions
are met and the court finds that the defendant is not a danger to the safety of
any person or the community and the modification is in the interests of justice
after considering certain factors.
�
Establishes
procedures, provides for hearings and representation by counsel, and authorizes
appellate review.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.