Criminal Defense Lawyers

What Role Does Restitution Play in Hawaii’s Sentencing Guidelines?

The Crucial Role of Restitution in Hawaii’s Criminal Justice System

Restitution 101: The Basics in Hawaii

Under Hawaii law, judges are required to order restitution in any case where the crime resulted in economic loss to the victim. 2 This covers everything from property damage and medical bills to lost wages and other costs stemming directly from the criminal act. The amount of restitution is determined by calculating the victim’s provable damages and losses. Victims have to submit documentation like repair estimates, medical records, pay stubs, etc. to show how much the crime cost them financially. Here’s an example to illustrate: Let’s say someone broke into your home and stole your TV, laptop, and jewelry. In addition to the value of those stolen items, you also had to pay to repair the broken window they used to get in, take time off work for the police investigation, and get counseling for trauma. The restitution amount would cover the cost of the stolen property, window repair, your missed wages, counseling bills, and any other economic damages you could prove were directly caused by the burglary. Once that restitution figure is calculated, it becomes a key factor that Hawaii judges must consider when deciding on a sentence under the state’s sentencing guidelines.

How Restitution Impacts Sentencing in Hawaii

So how exactly does restitution play into Hawaii’s sentencing guidelines and influence the punishments handed down? There are a few key ways:

1. It’s a mandatory consideration for all felony sentences

Under Hawaii law, judges must consider restitution as a factor in every felony sentencing. 3 They are required to order full restitution unless they provide specific reasons for not doing so on the record. This makes restitution a fundamental part of the felony sentencing calculus in Hawaii. Judges can’t just focus on factors like the crime itself and the defendant’s criminal history – they have to weigh the restitution amount and the defendant’s ability to pay it.

2. It can lead to harsher sentences

For many crimes in Hawaii, higher restitution amounts tend to result in harsher sentences from judges. The reasoning is that crimes with larger restitution figures caused greater economic harm, so they merit more severe punishments. For example, let’s look at a couple of hypothetical theft cases with different restitution amounts:

• Defendant A stole $500 worth of goods from a retail store. The restitution amount is $500.
• Defendant B embezzled $500,000 from their employer over several years. The restitution amount is $500,000.

Even though they were both convicted of theft crimes, you can expect Defendant B to likely receive a much harsher sentence from the judge due to the significantly higher restitution figure demonstrating greater economic harm.

3. It impacts probation terms and alternative sentences

Restitution doesn’t just influence whether someone goes to prison and for how long. It also plays a big role in determining probation terms and alternative sentences in Hawaii. Judges will commonly make full restitution payment a condition of probation. 4 They’ll set up scheduled restitution payments that probationers must make to remain in good standing. Restitution amounts and ability to pay also weigh heavily on judges’ decisions to allow alternative sentences like:

• Deferral of a guilty plea
• Suspension of sentence
• Participation in rehabilitative programs like HOPE probation

The higher the restitution, the less likely judges are to go for these alternative routes unless the defendant has reliable means to pay it back.

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2024-03-21

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4. It factors into parole decisions

For those who do get sentenced to prison time, restitution continues to be a major consideration when it comes to parole in Hawaii. Under state law, the Hawaii Paroling Authority must consider restitution payment as a factor in all parole release decisions. 5 Inmates who have paid or have concrete plans to pay their restitution are prioritized over those who haven’t made efforts. Essentially, restitution weighs heavily from the initial sentencing all the way through to an inmate’s potential release on parole in Hawaii’s criminal justice process.

Restitution’s Increasing Importance in Hawaii

Over the last decade, the role and importance of restitution in Hawaii’s criminal sentencing has only continued to grow. This is due to a series of laws, programs, and policy changes aimed at prioritizing and strengthening restitution orders. Back in 2012, Hawaii passed comprehensive justice reinvestment legislation that included major provisions to improve restitution collection and prioritize victim compensation. 6Some key changes included:

• Increasing the percentage of inmate wages that must go toward restitution from 10% to 25%
• Creating over 20 new victim services positions like restitution specialists
• Requiring timely notification to victims of their rights and offenders’ custody status

These measures were projected to significantly increase restitution collection rates and get more money back into victims’ hands. More recently in 2019, Hawaii updated its crime victim rights laws with a new “Marsy’s Law” constitutional amendment. 7 Among other provisions, it gave crime victims the explicit right to full and timely restitution upon any conviction. This amendment enshrined restitution as a core victim’s right in Hawaii. It sent a clear message that judges must prioritize and expedite restitution orders as a fundamental part of criminal sentencing. With these types of laws and policies continually strengthening restitution’s role, it has become an increasingly central focus of Hawaii’s criminal justice system in recent years. Both lawmakers and the public have pushed to make victim compensation a top priority.

Restitution’s Impacts on Victims and Offenders

So now that we understand restitution’s crucial place in Hawaii’s sentencing structure, what kind of real-world impacts does it actually have? How does it affect the lives of victims, offenders, and the justice system as a whole?For victims, robust restitution orders and collection efforts can provide a much-needed sense of justice and financial relief after crimes. Getting compensated for their losses allows them to recover costs, replace belongings, cover medical bills, and start rebuilding their lives. At the same time, high restitution amounts can create significant financial burdens and barriers for offenders – especially those of limited means. Having to pay back thousands or even millions of dollars makes it that much harder to get back on one’s feet after serving a sentence.From a broader perspective, proponents argue that prioritizing restitution:

• Holds offenders truly accountable by forcing them to face the economic impacts of their crimes
• Provides victims with tangible justice beyond just symbolic punishments
• Deters future crimes by demonstrating real financial consequences
• Eases the burden on social services by compensating victims directly

Critics, however, contend that excessive restitution orders:

• Overburden offenders in a way that increases recidivism risks
• Prioritize finances over other rehabilitation needs
• Disproportionately impact lower-income defendants
• Clog up the justice system with collection/enforcement issues

It’s an ongoing debate around the proper role and implementation of restitution in criminal sentencing. But in Hawaii, at least, restitution maintains a firmly established place as a core tenet that judges must consider – one that carries significant weight in how punishments get handed down.

A Look at Restitution Amounts in Hawaii Cases

To better illustrate restitution’s importance, let’s examine some real-world examples of how it has factored into high-profile criminal cases and sentencings in Hawaii:

Katherine Kealoha Corruption Case

In 2019, former Honolulu prosecutor Katherine Kealoha was sentenced to 13 years in prison for her role in a corruption scandal that involved framing her own relatives for crimes. 8On top of that lengthy prison term, Kealoha was also ordered to pay a staggering $456,568 in restitution. This included:

• $290,568 to the Hawaii Attorney General’s office for costs of the special prosecutor
• $166,000 to her own relatives she framed to cover their legal fees

The massive restitution amount demonstrates the court’s intent to force Kealoha to face the immense financial consequences of her corrupt actions in addition to incarceration.

Keanu Cullen Embezzlement Case

In 2017, a former Honolulu businessman named Keanu Cullen was sentenced to 10 years in prison and ordered to pay over $2.3 million in restitution for embezzling funds from his employer. 9The restitution figure represented the total losses suffered by Cullen’s former company as a result of his years-long embezzlement scheme. It was the main factor that led to such a lengthy prison sentence in this white-collar fraud case.

Aloun Farms Human Trafficking Case

One of Hawaii’s largest human trafficking cases resulted in a $8.1 million restitution order in 2019 against the owners of Aloun Farms for exploiting hundreds of Thai workers. 10The eye-popping restitution amount reflected the unpaid wages, excessive recruitment fees, and other financial damages incurred by the 547 victims over years of being trafficked and overworked on the farm. It was the largest restitution order ever imposed in a human trafficking case prosecuted in Hawaii – sending a clear message about the immense economic toll of such crimes. These examples demonstrate how restitution plays a starring role in Hawaii’s criminal sentencing process. The higher the restitution amount, the more likely it is to lead to stricter punishments like longer prison sentences. Restitution forces offenders to quite literally pay for the economic harm they’ve caused in a tangible way. And judges in Hawaii are required by law to treat it as a weighty consideration in how they dole out criminal sentences.

Unique Aspects of Hawaii’s Restitution System

While the core concept of restitution exists in criminal justice systems across the country, Hawaii has a few unique policies and practices related to restitution that are worth highlighting:

Victim Notification Requirements

Under Hawaii’s crime victim rights laws, the state judiciary, probation services, attorney general’s office, and department of public safety are all required to make “good faith efforts” to notify victims about any income or financial assets an incarcerated offender receives. 11This includes notifying victims if an inmate:

• Receives a civil judgment or settlement over $10,000
• Has income exceeding $10,000 in a fiscal year
• Has a known financial account worth over $10,000

The intent is to allow victims to pursue collection of unpaid restitution from any financial resources the offender acquires while incarcerated.It’s an extra layer of transparency and victim consideration that’s written into Hawaii’s restitution laws.

Prioritizing Restitution Over Other Payments

When it comes to collecting legal financial obligations from offenders, Hawaii explicitly prioritizes restitution payments over any other fees, fines, or costs. 12 Any money collected from an offender in Hawaii goes first toward outstanding restitution orders before other court costs, probation fees, or other monetary penalties. This helps ensure that victims get compensated first from whatever funds can be collected from offenders before that money gets diverted elsewhere.

Restitution Considered in Parole Decisions

As mentioned earlier, Hawaii law requires the state’s paroling authority to weigh restitution payment status as a factor in all parole release decisions for inmates. 13 Inmates who have paid or are actively working to pay restitution are prioritized over those who have not made efforts to compensate their victims. Essentially, the inability or unwillingness to pay court-ordered restitution can directly jeopardize an inmate’s chances of getting paroled in Hawaii. These types of policies and practices underscore just how engrained the concept of restitution is within Hawaii’s criminal justice framework from start to finish.

Restitution’s Impacts on Hawaii’s Justice System

With restitution playing such a pivotal role in criminal sentencing, it inevitably has significant ripple effects on Hawaii’s justice system as a whole in terms of:

Court Resources and Efficiency

Calculating restitution amounts and fielding disputes over economic loss figures takes up considerable court time and resources. The more complex the restitution issues, the more it can slow down criminal proceedings. There’s also the matter of restitution enforcement and collection efforts. Probation officers, prosecutors, and other state entities dedicate substantial efforts toward ensuring offenders meet their restitution obligations.

Correctional Facility PoliciesBecause a portion of inmate wages must go toward restitution in Hawaii, correctional facilities have had to implement policies and procedures to:

• Track inmate income and financial accounts
• Deduct restitution payments from those accounts
• Transfer payments to victims or victim services offices

Facilities also have to devote resources to restitution-related record keeping, disputes, and other administrative matters.

Rehabilitation Programming

For offenders sentenced to probation or alternative programs, having to make restitution payments can impact what rehabilitation services they qualify for based on income levels.It can also affect how much discretionary money they have to pay for things like education courses, vocational training, and other self-improvement programs.

Community Supervision and Reentry

Restitution obligations become a major factor in determining the terms and conditions of probation and parole for offenders in Hawaii.Probation and parole officers have to actively monitor restitution payment plans as a core part of community supervision. Willful non-payment can result in revocation.Restitution debt also creates barriers for offenders trying to reintegrate into society through employment, housing, and other reentry needs after incarceration.

Victim Services and Compensation

On the flip side, restitution payments and collection efforts generate funds that flow directly into Hawaii’s crime victim compensation and services programs.The more restitution that gets paid, the more resources become available to provide things like counseling, relocation assistance, medical bill coverage, and other forms of help for crime victims statewide. From clogging up court dockets to restricting inmate programming to funding victim services, restitution casts a wide net in how it impacts Hawaii’s criminal justice system operationally and financially. It’s a prime example of how a single sentencing factor can have so many cascading effects when made a legal priority.

Restitution’s Future in Hawaii’s Justice System

Given restitution’s deeply rooted presence in Hawaii’s sentencing laws and practices, it’s unlikely that the state’s prioritization of victim compensation will diminish anytime soon. In fact, most signs point to restitution becoming an even greater focus for Hawaii’s justice system in the years ahead:

Continued Legislation and Policy Changes

Hawaii lawmakers have demonstrated an ongoing commitment to strengthening restitution through legislative changes like the 2019 Marsy’s Law amendment.As victims’ rights advocates continue pushing for more restitution reforms, we’re likely to see additional bills and policies proposed to further elevate restitution’s role.

Improved Data Tracking and Enforcement

There are already efforts underway in Hawaii to develop better data tracking systems for monitoring restitution orders, collections, and compliance statewide.This could lead to more effective enforcement of restitution through improved ability to verify payment statuses, income sources, and delinquencies.

Integration of Technology and Online Services

Like many other court processes, we can expect to see restitution undergo a digital transformation in Hawaii through online payment portals, automated wage garnishments, and other technology integrations.This could streamline restitution management while also increasing transparency around orders and payments for victims.

More Restitution-Focused Victim Services

As restitution collection rates potentially increase, Hawaii will likely devote more resources toward supporting victims through the restitution process.This could include:

• More victim advocates/restitution specialists
• Legal aid for restitution disputes and collection issues
• Financial counseling for victims managing larger restitution payments

Alternative Restitution Programs

There are already some efforts in Hawaii to explore alternative restitution programs that go beyond just lump cash payments to victims. Examples could include community service restitution (offenders providing services of value to victims) or property restitution models where victims recoup losses through asset forfeiture. These types of alternative programs could grow in Hawaii as a way to provide restitution while lessening the burden of overwhelming debt on offenders.