Overcrowding in jails is one of the key problems faced in justice systems worldwide. In 2018, every single one of Hawaii’s jails were overcrowded. Minority groups have been deemed by experts to be unjustifiably impacted by overcrowding due to their financial status and as such are unable to afford bail. It is not uncommon for those who are not able to afford bail to be held for weeks, months, or even years at a time – before they have even been found guilty of a crime. This abundant amount of time away from their lives can be devastating. They can lose their jobs, housing and lose custody of their children.
Two bills, House Bill 175 and Senate Bill 192, have been implemented in the state capitol with the intent to reduce the financial burden faced by those detained by offering judges additional options for securing bail. These bills are one of many being proposed by states across the country to reform the detrimental bail system. If this legislation were approved, it would enable defendants to be released until their trial date on a bond that does not require the full, or any, portion of the bail to be paid. Only those who can demonstrate that they are unable to cover the cost of the cash bail without experiencing significant financial hardship are eligible for this accommodation.
With substantial reforms to a process as critical as bail, criticism is warranted. It has been disputed that this level of bail reform could risk public safety by releasing accused offenders too soon without the looming obligation of financial constraint. However, advocates for the bill have attested that it will establish an accountability to defendants by requiring that they would still be responsible for paying the bail amount if they were to fail to attend court, or if they committed additional crimes while on bail. Hundreds of thousands of possibly innocent people languish in jails while their lives fall apart simply because they can’t afford bail, and reforms like this bill hope to make a substantial improvement.