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Committee clears bill to eliminate most juvenile fees and fines, preserves restitution authority
Summary
HB 129 was passed with amendments to prohibit assessing fees, fines or court costs for offenses committed as a minor and to discharge related debt; the committee added language clarifying that removing reimbursement responsibility from minors does not preclude courts from ordering restitution to victims.
The committee advanced House Bill 129, which prohibits assessing fees, fines or court costs against individuals for offenses committed while they were minors and discharges related debt obligations assessed before the bill's effective date. The committee also included language clarifying that the removal of financial reimbursement responsibilities for minors does not preclude courts from ordering restitution to victims where appropriate.
Jerry Villanueva of the Office of the Public Defender testified in support and stood on written testimony. Nathan Lee of the ACLU of Hawaii told the committee that, in late 2023, the U.S. Department of Justice issued guidance recommending that youth in the juvenile justice system be presumed indigent and unable to pay fees and fines. "In 2023 late 2023, the Department of Justice issued guidance basically saying that youth children in the juvenile justice system should be presumed indigent and unable to pay fines and fees," Lee said.
The Department of Education submitted written comments and the Attorney General's Office provided technical comments about statutory language, restitution and the judiciary's existing accountability program that allows juveniles to perform community service in lieu of payment. The Attorney General recommended clarifying the term "reimbursement" in several sections so it did not inadvertently preclude restitution or interfere with existing accountability programs.
Committee action: The chair recommended and the committee adopted amendments to: add language clarifying that removal of reimbursement responsibility from minors does not preclude court-ordered restitution to victims; modify school discipline language to allow principals to assess damage and determine if pupils have skills to repair; and restore language on graffiti to allow the judiciary's accountability program to be used for restitution payments. The committee defected the effective date and advanced the bill.
Roll-call notes: Representative Henry J.C. Garcia recorded a "no" vote on the committee recommendation; other members adopted the chair's recommendation.
What happens next: HB 129 proceeds with the committee's clarifying edits and will be considered by subsequent committees for final passage and implementation language regarding restitution and juvenile accountability programs.
