§5373. Swift and Certain Probation Pilot Program; Twenty-fourth Judicial District Court; creation

A. The Twenty-fourth Judicial District Court, by rule adopted by a majority of the judges sitting en banc, may establish the Swift and Certain Probation Pilot Program to be administered by the presiding judge or judges of a special division of court established by the court or any judge of the district court if the presiding judge or judges are unavailable. The judicial district is authorized to provide funding for any expenses related to the administration and operation of the pilot program.

B. Any funds realized from a reduction in the amount of time a person would have been required to serve in prison if the defendant had not been placed on probation as provided by this Chapter shall be appropriated to the Department of Public Safety and Corrections and shall be used to defray the additional operational expenses of probation and parole and reentry initiatives. The Department of Public Safety and Corrections shall measure and document cost savings from the implementation of this Chapter and provide information to the legislature regarding the estimated savings annually.

C. The terms of the probation pilot program shall be decided by the presiding judge or judges, which shall be in conformity with the principles of the original Hawaii Opportunity Probation with Enforcement (HOPE) program. Probationers in the program receive swift, predictable, and immediate sanctions typically resulting in several days in jail for each detected violation, such as drug use or missed appointments with a probation officer. Sanctions imposed pursuant to this Chapter shall be served without diminution of sentence or credit for time served.

D. The court may impose the conditions of the probation pilot program on any defendant placed on probation pursuant to Code of Criminal Procedure Article 893.

E. Nothing in this Section shall be construed to limit the judge's authority over an offender on probation.

Acts 2016, No. 676, §1, eff. June 17, 2016.