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Committee defers HB 892 after debate over geographic probation restrictions
Summary
The judiciary committee deferred HB 892, which would limit geographical restrictions imposed as probation conditions. Supporters, including the Office of Public Defender, said the bill protects constitutional and cultural access rights; prosecutors opposed and committee members cited conceptual and implementation concerns.
The Senate Committee on Judiciary deferred House Bill 892 indefinitely after hearing testimony on limits to geographical restrictions as conditions of probation.
Saifoloy Agnanon, probation administrator for the First Circuit, supported amendments that better define geographic restrictions and account for individuals’ access to cultural practices. Deputy public defender Sonny Gannon said the Office of the Public Defender drafted the bill to address expanded use of broad geographic restrictions — including examples of requests to bar defendants from large swaths of the West Side of Oahu for misdemeanors — and argued the practice raises constitutional concerns.
The Honolulu Prosecuting Attorney’s Office opposed the bill, saying the “Safe and Sound” program that led to some restrictions began in late 2024 after community complaints and that prosecutors request geographic restrictions only in extraordinary cases. The prosecutor’s office reported 96 cases and said only four restrictions were granted.
After discussion, the chair said the bill raised conceptual questions about how the proposed limits would differ from current practice and whether judges already have discretion to deny geographic restrictions. The committee deferred HB 892 indefinitely for further work and clarification.
