Hawaii

Hawaii has adopted all six pillars of rape kit reform. The state is working on eliminating its backlog.

Reform Status
Full Reform
Testing Status
In-Process

Pillar Count

6/6 Pillars
Hawaii has adopted all six pillars of rape kit reform. The state is working on eliminating its backlog.
Statewide Inventory

Yes, the state has a recurring inventory.

  • Is the inventory recurring? Yes
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? Yes
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

In-Process, the state has committed to testing its backlogged kits.

Hawaii is eliminating its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? 24 Hours
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 3 Days
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 25 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? 90 Days
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? Yes
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? Yes
  • Do victims have the right to receive notification before destruction of their kit? Yes
  • Are victims granted further preservation of the kit or its probative contents? No
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? Yes
  • Do victims have the right to receive a physical document identifying their rights under law? Yes
Fund Reform

Yes, the state has allocated ongoing funding.

See state reform timeline below.

Take Action Today to Bring Further Rape Kit Reform to Hawaii

State Reform Timeline

2024
Inventory
2 untested kits

According to the Department of the Attorney General, the state collected 217 kits and submitted 215 of them to the lab for testing in the reporting period covering July 1, 2023, to June 30, 2024. This brings the backlog back to 2 kits.

2021
Other
Hawaii’s rape kit tracking system goes live

In 2021, Hawaii’s rape kit tracking system went live.

2020
Bill: Failed
SB2315 failed in Hawaii

In 2020, legislators introduced SB2315, which extends the timeline for the implementation of a tracking system from January 1, 2020, to January 1, 2021. Law enforcement in the five counties are facing implementation issues with the original tracking system that Hawai‘i created and this bill would give the state more time to make the system fully operational. Although this bill failed to pass, Joyful Heart Foundation confirmed in 2021 that the tracking system in Hawaii has gone live.

2019
Funding
$769,895 awarded in Hawaii

In 2019, BJA awarded the Hawaii County Office of the Prosecuting Attorney $769,895 to sustain its work on rape kit reform.

2018
Bill: Enacted
HB2131 enacted in Hawaii

In 2018, Hawaii legislators enacted HB2131, mandating deadlines for submission and testing of newly collected rape kits; directing counties to track rape kits in an electronic system; requiring an annual inventory report from law enforcement agencies, crime labs, and providers who perform medical forensic exams; granting sexual assault survivors the right to notice regarding the testing status of their rape kits; and allocating $353,743 for rape kit reform. Joyful Heart provided guidance and testimony throughout the drafting and legislative process. With the leadership of co-sponsors Senator Laura Thielen (D, 25th District) and Representative Linda Ichiyama (D, 32nd District), the Hawaii Sexual Assault Kit Initiative Team, Project Mālama Kākou, and the Hawaii Women’s Legislative Caucus, this necessary bill became law. Read Joyful Heart’s testimony in support of this bill. With this law, Hawaii had enacted all six pillars of comprehensive rape kit reform.

2017
Report
AG recommended testing new kits in Hawaii

Beginning in 2017, law enforcement was required to follow the attorney general’s recommendations for testing new kits and, starting in 2018, they were required to follow the recommendations for handling the untested rape kits in their inventory.

Bill: Enacted
HRC133 enacted in Hawaii

In 2017, both chambers of the Hawaii legislature adopted a concurrent resolution, HCR133, urging all law enforcement agencies to follow the attorney general’s testing guidelines for rape kits. The resolution also requested that the attorney general conduct an annual statewide audit of rape kits. Read our letter of support.

2016
Funding
$2 million awarded in Hawaii

In 2016, the U.S. Department of Justice Bureau of Justice Assistance awarded the Hawaii Department of the Attorney General $2 million to test kits, investigate and prosecute cases, and re-engage survivors.

Inventory
1,951 kits found in Hawaii

In 2016, the Hawaii Department of the Attorney General completed an inventory and found 1,951 untested rape kits across the state.

Non-Legislative Reform
$500,000 appropriated in Hawaii

The attorney general’s report was submitted to the legislature in December 2016. The law appropriated $500,000 for Fiscal Year 2016-2017 to fund the testing of at least 500 kits and to fund associated survivor support services.

Bill: Enacted
HB1907 enacted in Hawaii

Hawaii enacted HB1907, requiring the attorney general to collaborate with community stakeholders to release a report that included a statewide count of untested rape kits, current rape kit testing procedures, guidelines for testing new kits, a plan for processing all the untested kits, a plan for survivor notification, the cost of the plan, and potential funding sources. Joyful Heart was deeply engaged in advocacy in support of the passage of Hawaii’s 2016 audit and testing bill. Joyful Heart representatives testified nine times in support of this legislation, and collaborated closely with legislators, legislative staffers, local advocates, and survivors throughout the legislative process. With the stewardship of Senator Laura Thielen (D, 25th District) and Representative Linda Ichiyama (D, 32nd District), who co-sponsored the original legislation, and with the unwavering support of the Hawaii Women’s Legislative Caucus, this critical bill became law. Read our testimony in support of the bill.

We haven’t filed an Accountability FOIA in this state ⏤ yet.

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