The Windward Community Property Crime Forum held in March hosted an impressive panel of guests including Judge Steven Alm, founder of the HOPE Probation Program, City Prosecutor Keith Kaneshiro, Public Safety Director Ted Sakai, HPD Captain Dagan Tsuchida of the Honolulu Police Department, and State Judiciary Community Relations Director Tammy Mori.

A few hundred concerned Windward citizens attended this meeting, looking to end the “catch and release” cycle of property crime criminals afflicting their neighborhoods. Many attendees, however, were puzzled when handed a packet containing statistical excerpts from the Crime in Hawaii 2012 report.

Contrary to what residents were experiencing, report statistics claim crime in our State has been on a steady decline since 2003, with the County of Honolulu reporting record low crime rates in 2012.

One panel member suggested the speculation about a crime epidemic in Kailua could be attributed to the widespread use of social media, both a curious and offensive presumption considering those sitting in the audience were dealing with an unbelievable 89 percent increase in crime.

However, upon closer reading of the entire Crime in Hawaii report, a list of caveats explain how arrest data is compiled for the report.

Uniform crime reports must follow certain guidelines to ensure that events are counted consistently so that statistics can be used for national comparisons. The Uniform Crime Reporting (UCR) Program uses the FBI hierarchy rule when collecting data, which only reports the most serious offense charged during an arrest, rather than all offenses an individual is charged when booked.

Consequently, if an individual is arrested for robbery, all other included offenses such as theft, are not counted in these statistics, leaving many crimes underreported.

Robbery, which is categorized as a violent crime, not a property crime, was the only crime-type that significantly increased statewide in 2012, up by 11.8 percent.

As such, if all robbery-associated theft charges were counted in this report, property crime would have reflected a similar increase as well.

Although the 2012 Crime in Hawaii report is best known for publicizing a decline in crime statewide, crime rates affecting neighbor islands depict a much darker reality.

Hawaii County’s murder rate increased 64 percent from 2011. Robbery is up 18.1 percent. Property crimes also showed a significant rise, with burglaries up 23.8 percent and larceny-thefts increased by 10.4 percent. Additionally, motor vehicle theft increased 8.5 percent.

Violent crime rates on Maui in 2012 were the highest they’ve been in over a decade. Maui’s murder rate in 2012 increased 146.4 percent with 5 reported murders in 2012, as compared to 2 murders in 2011. Robbery also increased by 33.7 percent, and aggravated assault up 8.8 percent.

At the Windward Community Property Crime Forum, comments by Captain Tsuchida confirmed what many Windward residents already knew — that HPD has been making numerous arrests.

Last year nearly 300 felons were captured in Kailua alone. It is not uncommon to hear of individuals racking up more than 50 or 60 arrests.

However, arrests do not necessarily guarantee a conviction or a meaningful sentence. HPD informed residents that 6-8 percent of those arrested are committing approximately 70 percent of the property crimes.

The Prosecutor asserted that the courts routinely release repeat felony offenders on probation because property crime is not considered a serious offense and is not a priority in Hawaii’s criminal justice system.

This leaves many frustrated crime victims asking lawmakers and government leaders why criminals are continuously released to commit property crimes, and why current laws aren’t effective in protecting Hawaii’s citizens’ safety and property rights?

Although judges are required to abide by statutory sentences, including mandatory terms of imprisonment for certain repeat felony offenders, there are ruling alternatives for felony drug offenders.

As a result of the Justice Reinvestment Initiative, which was strongly supported by Governor Neil Abercrombie and signed into law in 2012 (Act 140), offenders charged with drug offenses are deferred to probation or special drug programs, such as HOPE Probation or Drug Court, that allow quick release back into our communities, under state supervision. This type of outpatient rehabilitation is thought to offset the greater expense of incarceration and reduce recidivism.

As a result of Act 140, repeat drug offenders are allowed special sentencing under HRS 706-622.5. A second-time felony drug offender is eligible for probation rather than a prison sentence required by the repeat offender statute (HRS 706-606.5). This statute also allows a defendant a one-time expungement that clears the conviction from their record.

Supporters of this measure testified before the Legislature that substance abuse is a public health issue and asked that the expungement provision include second time felony drug offenses as well, since research showed relapse as part of the disorder.

The second-time expungement provision was not passed into law, however probation terms for class B and C felony drug offenses were substantially reduced.

Further options for diversion are through conditional discharge outlined in HRS 712-1255.

This allows probation for a first-time felony drug offender, even though the individual may have previous felony convictions that are not drug related.

Therefore, a defendant with a previous conviction for burglary in the first degree, which is a class B felony, can still be sentenced to probation as a first time felony drug offender.

Defendants with no prior convictions often ask for deferred acceptance pleas of guilty or no contest, resulting in some kind of probation sentence as well.

During the current 2013-2014 legislative session, there are a handful of bills seeking stricter regulation for certain property crimes being considered.

House Bill 2205, a measure addressing habitual property crime perpetrators, passed through the House of Representatives. The House proposed amendments that removed the option for probation and required some term of imprisonment. However, a Senate draft amended the bill and probation was re-inserted into the measure.

Senate Judiciary Chair Clayton Hee explained the committee wanted to ensure that a habitual property crime perpetrator — someone with more than three prior convictions — is given the opportunity for HOPE probation or Drug Court. The bill now awaits conference committee.

What is the real cost to the state of Hawaii? Property crime makes up nearly 93 percent of all indexed crime across the state, with stolen property on Oahu valued at nearly $78 million dollars. This value does not take into account the financial burden of replacing punched car locks and broken windows, or the emotional toll affecting thousands of Hawaii’s crime victims.

Many criminals who repeatedly commit property crime know that under current law, the consequences they face are relatively minor, especially if they are charged with drug possession.

In comparison, victims view lenient rehabilitation sentences as weighted in favor of the criminal defendant, instead of for the victim and for public safety.

The numerous opportunities afforded to repeat offenders who violate conditions of their probation may save the state in incarceration costs, however, victims argue those savings may not be worth the financial and emotional expense placed upon their personal safety and that of the general public.

Currently, the cycle of releasing felons on probation is taking a toll on our communities.

A chronic meth addict will not, and most likely cannot, recover without serious rehabilitation.

Rather than releasing repeat drug offenders on probation, and merely modifying the conditions of probation when defendants violate terms, perhaps the state should invest in secure drug treatment facilities.

This would allow for immediate in-patient care, and once substance abuse treatment has been effective and the individual is well on the road to recovery, the remainder of the probation term can be completed under supervised programs such as HOPE or Drug Court.

Initial drug treatment within a secure facility will ensure recovery and public safety, an investment that will benefit everyone.

About the author: Lisa Cates is a community volunteer who has been tracking property crime bills and keeping her community updated on happenings at the State legislature.

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