Committee advances bill to make Community Outreach Court permanent despite public defender concerns

The House Committee on Judiciary & Hawaiian Affairs voted to advance Senate Bill 361, SD2, which would permanently establish the Community Outreach Court as a division of the District Court of the First Circuit, while limiting changes to technical, clarity, and style amendments.

The Office of the Public Defender said it supports the program but recommended removing two sections—provisions that would require or emphasize mental‑health services and substance‑abuse treatment—arguing that adding many mandatory conditions would drive eligible defendants to ordinary probation and undermine the program’s purpose. “If you put too many things on it … these people will just opt to go to regular probation and, it kinda frustrates the whole purpose of the program,” the deputy public defender testified.

Tina Ann Albaa, section administrator for Community Outreach Court, described program benefits since its 2017 establishment: clearing cases, lifting driver's license holds, recalling bench warrants and helping participants obtain ID and access services. “Making community outreach court permanent will ensure continued support for those working toward a second chance,” Albaa told the committee.

Committee members questioned the public defender’s proposed deletions. Representative Velati (as recorded in the transcript) said she was “quite frankly shocked” by the public defender’s request, noting the court’s role in connecting people to reentry and treatment services. Judiciary staff indicated stakeholders had worked together previously and said the program’s offerings—including voluntary connections to services—were part of the bill’s intent.

After discussion, Chair Rep. Tarnas said he would move the bill forward with only technical amendments to improve clarity and style; prosecutors, the judiciary and the Office of the Public Defender were encouraged to continue discussions on any wording changes and return if they reach consensus. The committee adopted the motion; the record shows a reservation by Representative Shimizu.

Why it matters: Community Outreach Court is designed to consolidate low‑level matters and connect participants to services, reducing barriers to employment and housing and resolving legal encumbrances. Debate centered on whether the court should be able to require or strongly encourage treatment and service engagement or remain focused on minimal conditions to encourage participation.

The bill was reported out of committee with technical edits; stakeholders were invited to continue negotiations on program language.