Habitual criminals convicted of burglarizing houses, stealing cars and committing other property crimes would no longer be eligible for probation under a bill moving in the state Legislature. Although the measure raises serious concerns about judicial discretion and about how best to rehabilitate chronic lawbreakers, many of whom are stealing to finance expensive drug habits, the bill deserves to move forward.
Overall crime rates in Hawaii have fallen to record lows over the past decade, but that is no solace to those who are victimized. Property crime, a category that includes larceny-theft, burglary and motor-vehicle theft, also is down, but remains by far the most common crime reported in Hawaii, accounting for nearly 93 percent of all 46,797 index crimes reported in 2012, according to a report by the attorney general’s office. More than $70 million worth of property was reported stolen in 2012, and only about 22 percent of it was recovered. Most of these crimes are never solved, leaving victims feeling threatened, vulnerable and frustrated.
House Bill 2205, Draft 1, attempts to lower the property-crime rate by removing probation as a sentencing option for a "habitual property crime perpetuator," defined under existing state statute as anyone convicted of three felony or misdemeanor property crimes, in any combination, within five years of the latest offense.
Under this bill, the habitual offender would face up to five years in prison upon conviction. Probation, which places the offender under court supervision in lieu of imprisonment, would no longer be an option.
The bill’s original version kept probation as an option, but only after the convicted person had served two years in prison — a mandatory minumum that unwisely hobbles a judge’s discretion. Furthermore, lawmakers must ensure that eliminating probation for this class of offenders does not undermine the Hawaii Judiciary’s acclaimed HOPE Probation program, an intensive supervision program for drug offenders and others at high risk of recidivism.
State Rep. Chris Lee, who introduced the measure, said it’s not his intent to weaken HOPE or any other judicial program that effectively reduces crime and recidivism, but he wants to get repeat offenders behind bars. His constituents are fed up, tired of having their homes, businesses and cars broken into.
The conventional wisdom in Lee’s district, which includes Waimanalo and Kailua, seems to be that the same habitual criminals are being arrested, prosecuted, convicted and freed to steal again. If true, more vigorous enforcement by police and prosecutors could have a positive effect. As it is, only 25 "habitual property crime" cases were brought before the First Circuit Court on Oahu from 2009 to 2013.
Clarifying just how many property crimes are committed by habitual offenders should be a high priority as the bill moves forward; it is set for a hearing Wednesday before the Senate Committee on Judiciary and Labor. In whatever form the bill emerges, it should be tougher on those repeat offenders for whom even innovative rehabilitation techniques have failed.
Nonetheless, any serious legislative attempt to address property crime must be considered in the whole, recognizing that funding effective drug-treatment programs, in the community and behind bars, is a vital component. Locking up thieves, habitual offenders though they may be, will accomplish little in the long run if the offenders don’t kick the habits that drive them to steal in the first place.
Remember, even under this bill’s tougher penalties, they won’t be in prison for long.
