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Committee advances bill allowing court-ordered fees to be sent to collections, with limits for juveniles
Summary
SB 1316 would require the Judiciary to contract with collection agencies to collect delinquent court-ordered fines, fees and sanctions in certain cases. The committee passed the measure with amendments limiting its application and adding appropriations and effective dates.
The Senate Committee on Judiciary voted to pass SB 1316 with amendments requiring the judiciary to contract with collection agencies to collect delinquent court-ordered fines, fees and sanctions in criminal and traffic cases while excluding juvenile monetary assessments and restitution from collection.
Deputy Attorney General Trisha Nakamatsu, appearing for the Department of the Attorney General, said the bill was drafted in response to a 2024 Hawaii Supreme Court decision, State v. Fay, which disrupted a longstanding practice of scheduling proof-of-compliance hearings for district court monetary orders. The bill defines “default,” codifies proof-of-compliance hearings and provides collection as an option for certain criminal and traffic obligations while expressly excluding juvenile monetary assessments and restitution from collection.
“State v. Fay…upended a longstanding practice for district courts to set proof of compliance hearings,” Nakamatsu told the committee, noting the bill creates definitions and a structure for courts to determine when a defendant has defaulted on payment obligations.
The public defender’s office opposed the bill, arguing it raises separation-of-powers concerns and that court monitoring of financial obligations can create prolonged oversight that exceeds the original sentence. “Financial obligations were not meant to prolong criminal justice oversight,” counsel representing the public defender said.
Pam Ferguson Bray, executive director of the Crime Victim Compensation Commission, testified in support and described proof-of-compliance hearings as an effective restitution-enforcement tool in district court and urged making that option available in circuit court for restitution collection. She cited data on restitution amounts and collection experience that, she said, support the use of proof-of-compliance hearings as a tool for victims seeking court-enforced restitution.
The committee’s adopted amendments limited the collection option to district court for now, added blank positions and appropriations requested by the judiciary, and included an effective date. The committee voted to pass the bill with the amendments.
