Limits Misdemeanor Imprisonment to 364 Days
Summary
Hawaii SB2731 reduces the maximum term of imprisonment for non-violent misdemeanors from one year to 364 days. The bill, passed by the Hawaii Senate on March 10, 2026, allows individuals previously sentenced to one-year terms for non-violent offenses to petition courts for sentence modifications to conform to the new limit.
What changed
Hawaii SB2731 amends Hawaii's sentencing law to limit misdemeanor imprisonment for non-violent offenses to 364 days instead of one year. The bill targets offenses punishable by up to or not exceeding one year that are not crimes of violence. Individuals previously sentenced to one-year terms for qualifying non-violent offenses may apply to the court for a sentence modification to conform to the new 364-day limit.
Courts in Hawaii must implement the reduced sentence cap for non-violent misdemeanor convictions going forward. Defendants currently serving one-year sentences for non-violent offenses should be identified and given opportunity to seek modification. The Hawaii Paroling Authority and Department of Public Safety may need to adjust release calculations for affected inmates. Legal counsel should advise eligible clients on filing timely modification petitions.
What to do next
- Identify currently incarcerated individuals serving one-year sentences for non-violent misdemeanors who may qualify for modification
- Update court procedures and sentencing guidelines to reflect the 364-day maximum for non-violent misdemeanors
- Advise eligible clients on filing sentence modification petitions under the new limit
Source document (simplified)
ChangeBridge / Hawaii / SB2731 Passed SB2731 Senate Bill Passed 2026-03-10
Relating To Sentencing.
Limits the maximum term of imprisonment for misdemeanors that are not crimes of violence, or for offenses that are not crimes of violence punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment for an offense that is not a crime of violence to apply to the court for a sentence modification to conform to the new limit. (SD1)
Bill Details
State Hawaii
Session 2026 Regular Session
Chamber Senate
Official Source www.capitol.hawaii.gov/session/measure_ind...
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Sponsors
Karl Rhoads (Sen - D) Stanley Chang (Sen - D)
Action History
2026-03-31 H The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama; Ayes with reservations: Representative(s) Cochran; 2 Noes: Representative(s) Garcia, Shimizu; and 2 Excused: Representative(s) Belatti, Sayama. 2026-03-25 H Bill scheduled for decision making on Tuesday, 03-31-26 2:00PM in conference room 325 VIA VIDEOCONFERENCE. 2026-03-18 H The committee(s) on JHA recommend(s) that the measure be deferred. 2026-03-16 H Bill scheduled to be heard by JHA on Wednesday, 03-18-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. 2026-03-12 H Referred to JHA, referral sheet 17 2026-03-12 H Pass First Reading 2026-03-10 H Received from Senate (Sen. Com. No. 289) in amended form (SD 1). 2026-03-10 S Passed Third Reading, as amended (SD 1). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House. 2026-03-05 S 48 Hrs. Notice 3/10/2026. 2026-03-05 S Report adopted; Passed Second Reading, as amended (SD 1). 2026-03-05 S Reported from JDC (Stand. Com. Rep. No. 2813) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. 2026-02-25 S The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. 2026-02-18 S The committee(s) on JDC deferred the measure until 02-25-26 10:45AM; Conference Room 016 & Videoconference. 2026-02-11 S The committee(s) on JDC has scheduled a public hearing on 02-18-26 9:05AM; Conference Room 016 & Videoconference. 2026-02-04 S Re-Referred to JDC. 2026-01-30 S Referred to PSM, JDC. 2026-01-26 S Passed First Reading. 2026-01-23 S Introduced.
Votes
2026-02-25 Senate Judiciary: Passed, With Amendments Yea: 4 Nay: 1
Committee Referrals
2026-01-30 S Public Safety, Intergovernmental and Military Affairs 2026-02-04 S Judiciary 2026-03-12 H Judiciary & Hawaiian Affairs
Bill Text Versions
2026-01-23 Introduced 2026-03-04 Amended
Subjects
Penal Code Misdemeanors Sentencing Nonviolent Offenses Legislative data powered by LegiScan (CC BY 4.0)
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