On any given day in Honolulu, a homeless person, living on the streets and minding his own business, will receive a citation or get arrested for breaking the law. This may satisfy law-and-order hard-liners — if they don’t look too closely at what happens next.
Very often the homeless person, without the resources to pay a fine or defend himself in court, ends up doing nothing, amassing more citations and bench warrants until he is so hopelessly under legal water that rejoining normal society becomes an insurmountable challenge.
There is a good alternative. And no, it won’t solve the homeless problem. But it offers a practical way to help homeless individuals clear up their legal issues and take the next step toward rehabilitation.
The vehicle is Senate Bill Opens in a new tab718 Opens in a new tab, which would fund a “community court” program for Honolulu. The court, similar to others on the mainland, would convene in various parts of Oahu, closer to where the offenders live.
The defendants must be accused of no more than minor, nonviolent offenses — public drinking, loitering, in a park after hours, that sort of thing.
The court could clear up multiple citations or bench warrants at the same time, in exchange for a sensible punishment appropriate to the defendant’s situation, such as cleaning up public spaces or other community service. The defendants would not face jail time. The court also could require a defendant to receive treatment or other services, such as counseling — an option not now available.
This is not a new idea. Some 28 jurisdictions, mostly in California, have established some form of homeless court. San Diego established its Homeless Court Program in 1989, using a similar combination of carrots and sticks that has proven successful over time.
The American Bar Association, an advocate for these types of courts, notes that they solve several problems at the same time. The courts can “expand access to justice and reduce the number of hearings necessary” to clear up the homeless person’s record. In turn, this would remove legal barriers blocking the homeless from such necessities as gaining employment, housing and public assistance.
A traditional court poses unique problems for a homeless defendant. A defendant with poor hygiene may not be able to dress properly for court, or store his belongings safely during his appearance. He may lack the ability to properly navigate court procedures. Not knowing what will happen in court, a defendant may not show up out of fear of going to jail.
A community court as proposed in SB 718 addresses many of these concerns. The program would be voluntary for the defendants. They would participate through social workers, who would help develop a list of defendants that both the prosecutor and public defender would agree on. A plea agreement would be reached with the defendants and the public defender and brought before the court for approval. Neither the plea agreement nor the court could mandate imprisonment.
A pilot program on Oahu already has demonstrated some promise. In January and February, District Court Judge Clarence Pacarro cleared the docket of 109 cases and 25 bench warrants. Most of the defendants were sentenced to clean-up work downtown.
“That’s over 100 cases involving just seven defendants,” said city Prosecutor Keith Kaneshiro. “I think that’s a success.”
Perhaps. True success can only be measured in the long term, by participating defendants who have successfully weaned themselves from homelessness. SB 718 would require an annual report from the chief justice on the program’s effect.
But the idea is worth pursing. The pilot project is a collaboration among the city prosecutor, the public defenders office and the Judiciary, all of whom advocate continuing and expanding the program, which would cost an estimated $612,000. It’s a reasonable amount to address an otherwise intractable problem.
