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Senate committee hears emotional testimony on wrongful-imprisonment bill; AG raises procedural and fiscal concerns, decision deferred

Hawaii State Senate (joint committee hearings) · February 18, 2026
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Summary

The Government Operations committee heard extensive testimony on SB 3294, which would provide advanced compensation and services to people whose convictions are vacated on grounds consistent with innocence; the deputy attorney general opposed automatic payments and rapid timelines, advocates and exonerees urged passage, and the committee deferred decision-making to Feb. 19, 2026.

Lawmakers on Feb. 17 heard two hours of testimony on SB 3294, a wrongful-imprisonment bill that would provide advanced compensation and transitional supports to people whose convictions are vacated on grounds consistent with innocence.

Deputy Attorney General Michelle Pulo told the committee her office opposed the bill as drafted, arguing it would establish an automatic payment system that could disburse taxpayer funds before a legal determination of actual innocence was finalized and that five days for prosecutors to respond after a court decision is insufficient to evaluate reprosecution or other legal options. Pulo also flagged concerns about appropriation authority and whether funds paid under an automatic system could later be recouped if a petition is denied.

Haley Chang, first deputy for the Office of the Public Defender, testified in strong support, saying the measure applies to a small group of wrongfully imprisoned people and that advanced compensation is essential because exonerees often are released without housing, identification, employment, or other supports. Exonerees and advocates described personal hardship: Gordon Cordero, released in Feb. 2025 after three decades in prison, said the $5,000 advance "is not a bonus" but "a bridge to help you get on your feet" and urged lawmakers, "Justice is not opening the gate and walking away. Justice is making it right." Other exonerees recounted being left at the gate with no plans, resources or family support.

Senators questioned who would administer payments and how the cap would work; the AG's office said the bill contemplates payments from the comptroller and noted an existing statutory cap of $50,000 per year incarcerated in related language. Committee members pressed the AG to consider procedural improvements and faster resolutions; the AG answered that recent court decisions (including Jardine) changed how courts interpret "actual innocence" but the department favors resolving claims on the merits rather than by automated disbursement.

Outcome: After debate, the committee deferred SB 3294 for decision-making to Thursday, Feb. 19, 2026, at 3 p.m. in Room 225 for further consideration.

Why it matters: The measure would alter how the state compensates people whose convictions are later vacated on grounds consistent with innocence, affecting fiscal, administrative and human-services processes and prompting debate about balancing speedy relief for exonerees with due-process and fiscal oversight.