Police standards, training bill still alive

A proposal to set statewide standards for law enforcement agencies in Hawaii will live to see another day after the House Labor Committee deferred it earlier this week.

That typically means the end for legislation, but state Sen. Will Espero said he was able to “breathe new life” into his bill.

Espero, an Oahu Democrat, said Labor Committee Chair Rep. Mark Nakashima agreed to instead waive the bill, allowing it to stay afloat without the committee’s approval.

“In this case, because it was a triple referral, he (Nakashima) was able to waive it off and make it a double referral,” said Espero, referring to the number of committees that must review the bill.

Nakashima, D-Hamakua, said he initially deferred Senate Bill 2755 because he didn’t think it had enough teeth.

“It was basically a bureaucratic organ and not really doing what the name made it sound like it was going to do,” he said.

Under the bill, law enforcement agencies would not be compelled to adhere to the standards set by the board created by the legislation.

Espero said he hopes to add language allowing for at least some basic mandates.

The bill next will be sent to the House Judiciary and Finance committees.

Espero said Hawaii is the only state without a standards board for law enforcement.

“Certainly it is a way to put into statute some statewide recruitment standards, training standards and better oversight of all of our law enforcement agencies in both the county and the state,” he said.

Espero has introduced several other police-related bills, including legislation to require officers to wear body cameras (SB 2411) and create a board to review instances of police causing injuries or death on the job (SB 2196).

Both remain alive this session.

Another bill that would create a database for police misconduct wasn’t as fortunate.

Espero said he introduced SB 2304 in response to the alleged rape of a 16-year-old girl by a state Department of Land and Natural Resources conservation officer New Year’s Day in Hilo.

The officer, Ethan Ferguson, has been charged with two counts of second-degree sexual assault and three counts of fourth-degree sexual assault.

DLNR hired Ferguson after the Honolulu Police Department fired him for misconduct. Pursuant to HPD’s rules, his disciplinary file was shredded 30 months after the department’s investigation that led to his dismissal began.

Espero said there needs to be a “singular database” where such disciplinary actions are preserved.

“Unfortunately, we didn’t get a hearing out of Judiciary (Committee),” he said.

Email Tom Callis at tcallis@hawaiitribune-herald.com.