HB 676: PUC; Department of Corrections and Rehabilitation; Communication Services; Correctional Facilities; Hawaii Youth Correctional Facilities; Report; Appropriations

A BILL FOR AN ACT

RELATING TO YOUTH AND ADULT CORRECTIONAL FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State should protect incarcerated persons and their loved ones from predatory commercial practices.  Private corporations providing goods and services to state correctional facilities should not be allowed to charge exorbitant rates.  Currently, the provision of jail and prison communication services is a lucrative industry dominated by a few corporations.  Correctional facilities also benefit financially from communication services contracts by receiving commissions, bonuses, and other financial incentives.

     The legislature further finds that the high cost of jail and prison communication services is a significant economic drain for incarcerated persons and their families.  The Ella Baker Center for Human Rights found that one in three families with an incarcerated loved one goes into debt to pay for communication services and visits.  In Hawaiʻi, these costs disproportionately impact Native Hawaiians, Pacific Islanders, and other persons of color.  According to the Ella Baker Center's research, eighty-seven per cent of those who go into debt for jail and prison communication services are women of color.

     The legislature recognizes the importance of communication services for persons who are incarcerated.  Maintaining family and community connections is key for successful reentry into society.  Many incarcerated persons will reside with their families after release, and research has shown that incarcerated individuals who maintain ties with their support networks have higher success rates and lower recidivism rates.  Therefore, regular communication between incarcerated persons and their families benefits public safety.

     The legislature also recognizes that many states support the provision of free communication services to jails and prisons.  In 2018, New York City began offering these services at no charge in its city jails.  In 2021, Connecticut became the first state to offer free communication services in its state prison system.  In 2022, California passed a law that makes phone calls free of charge for the ninety-three thousand individuals incarcerated in the state's prison system.  In addition, Colorado, Massachusetts, and Minnesota have since also passed laws to eliminate communication service fees in their prisons and, in some cases, jails.

     Finally, the legislature acknowledges the recent work of the Federal Communications Commission in passing new regulations that substantially reduce the rates for phone and video calls from prisons and jails and ban ancillary fees, including deposit fees.  Importantly, the new regulations also prohibit state and local agencies from collecting commissions on prison and jail phone and video calls and from passing through the cost of a majority of surveillance features on such communication services.  As such, the legislature recognizes that alternative funding for the Statewide Automated Victim Information and Notification system will be needed, which is currently funded through such commissions.  Hawaiʻi will need to follow the Federal Communications Commission's compliance schedule for the new regulations and be in full compliance by January 1, 2026.

     The legislature notes that the office of youth services currently does not charge or impose any costs or fees related to voice communication services for youth committed to its facilities.  This Act will codify the office of youth services' practices.

     Accordingly, the purpose of this Act is to require the State's youth and adult correctional facilities to provide free and accessible voice communication services for persons committed to or incarcerated in those facilities.

     SECTION 2.  Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§352-     Free voice communication services.  (a)  Each Hawaii youth correctional facility operated or contracted by the office of youth services shall provide any person under the guardianship or custody of the director with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication.  Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services.  Any communication provided shall not be limited to program participation and routine facility procedures.  Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025.

     (b)  No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person committed to a Hawaii youth correctional facility.

     (c)  Each Hawaii youth correctional facility operated or contracted by the office of youth services shall maintain in-person visits for persons under the guardianship or custody of the director.  Communications services shall not be used to replace any in-person visit program."

     SECTION 3.  Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§353-     Free voice communication services.  (a)  Each correctional facility operated or contracted by the department shall provide any person in its custody, including those held under an intergovernmental contract and confined in the facilities, including privately contracted facilities, with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication.  Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services.  Any communication provided shall not be limited to program participation and routine facility procedures.  Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025.

     (b)  No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person under the custody of the department.

     (c)  Each correctional facility operated or contracted by the department shall maintain in-person visits for persons in the department's custody, including those held under an intergovernmental contract, and confined in the facility, including any privately contracted facilities.  Communications services shall not be used to replace any in-person visit program."

     SECTION 4.  (a)  The public utilities commission shall establish service quality standards and rules, pursuant to chapter 91, Hawaii Revised Statutes, for free voice communication services provided to youth and adult correctional facilities pursuant to sections 352-    and 353-   , Hawaii Revised Statutes.

     (b)  The commission shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of the regular session of 2027.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for providing free voice communication services to incarcerated persons in the State.

     The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii statewide automated victim information and notification system.

     The sum appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 3000.

Report Title:

PUC; Department of Corrections and Rehabilitation; Communication Services; Correctional Facilities; Hawaii Youth Correctional Facilities; Report; Appropriations

Description:

Requires the State's youth and adult correctional facilities to provide free and accessible voice communication services for incarcerated persons in state correctional facilities.  Prohibits any state agency from deriving revenue or financial benefit from the provision of communication services to persons confined in state correctional facilities.  Requires the Public Utilities Commission to establish service quality standards and rules for the free voice communication services.  Requires a report to the Legislature.  Appropriates funds.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to youth and adult correctional facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State should protect incarcerated persons and their loved ones from predatory commercial practices.  Private corporations providing goods and services to state correctional facilities should not be allowed to charge exorbitant rates.  Currently, the provision of jail and prison communication services is a lucrative industry dominated by a few corporations.  Correctional facilities also benefit financially from communication services contracts by receiving commissions, bonuses, and other financial incentives.

     The legislature further finds that the high cost of jail and prison communication services is a significant economic drain for incarcerated persons and their families.  The Ella Baker Center for Human Rights found that one in three families with an incarcerated loved one goes into debt to pay for communication services and visits.  In Hawaiʻi, these costs disproportionately impact Native Hawaiians, Pacific Islanders, and other people of color.  According to the Ella Baker Center's research, eighty-seven per cent of those who go into debt for jail and prison communication services are women of color.

     The legislature recognizes the importance of communication services for persons who are incarcerated.  Maintaining family and community connections is key for successful reentry into society.  Many incarcerated persons will reside with their families after release, and research has shown that incarcerated individuals who maintain ties with their support networks have higher success rates and lower recidivism rates.  Therefore, regular communication between incarcerated persons and their families benefits public safety.

     The legislature also recognizes that many states support the provision of free communication services to jails and prisons.  In 2018, New York City began offering these services at no charge in its city jails.  In 2021, Connecticut became the first state to offer free communication services in its state prison system.  In 2022, California passed a law that makes phone calls free of charge for the ninety-three thousand people incarcerated in the state's prison system.  In addition, Colorado, Massachusetts, and Minnesota have since also passed laws to eliminate communication service fees in their prisons and, in some cases, jails.

     Finally, the legislature acknowledges the recent work of the Federal Communications Commission (FCC) in passing new regulations that substantially reduce the rates for phone and video calls from prisons and jails and ban ancillary fees, including deposit fees.  Importantly, the new regulations also prohibit state and local agencies from collecting commissions on prison and jail phone and video calls and from passing through the cost of a majority of surveillance features on such communication services.  As such, the legislature recognizes that alternative funding for the Statewide Automated Victim Information and Notification system will be needed, which is currently funded through such commissions.  Hawaiʻi will need to follow the FCC's compliance schedule for the new regulations and be in full compliance by January 1, 2026.

     The legislature notes that the office of youth services currently does not charge or impose any costs or fees related to voice communication services for youth committed to its facilities.  This Act will codify the office of youth services' practices.

     Accordingly, the purpose of this Act is to require the State's youth and adult correctional facilities to provide free and accessible voice communication services for persons committed to or incarcerated in those facilities.

     SECTION 2.  Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§352-    Free voice communication services.  (a)  Each Hawaii youth correctional facility operated or contracted by the office of youth services shall provide any person under the guardianship or custody of the director with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication.  Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services.  Any communication provided shall not be limited to program participation and routine facility procedures.  Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025.

     (b)  No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person committed to a Hawaii youth correctional facility.

     (c)  Each Hawaii youth correctional facility operated or contracted by the office of youth services shall maintain in-person visits for persons under the guardianship or custody of the director.  Communications services shall not be used to replace any in-person visit program."

     SECTION 3.  Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§353-    Free voice communication services.  (a)  Each correctional facility operated or contracted by the department shall provide any person in its custody, including those held under an intergovernmental contract and confined in the facilities, including privately contracted facilities, with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication.  Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services.  Any communication provided shall not be limited to program participation and routine facility procedures.  Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025.

     (b)  No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person under the custody of the department.

     (c)  Each correctional facility operated or contracted by the department shall maintain in-person visits for persons in the department's custody, including those held under an intergovernmental contract, and confined in the facility, including any privately contracted facilities.  Communications services shall not be used to replace any in-person visit program."

     SECTION 4.  (a)  The public utilities commission shall establish service quality standards and rules, pursuant to Chapter 91, Hawaii Revised Statutes, for free voice communication services provided to youth and adult correctional facilities pursuant to sections 352-    and 353-   , Hawaii Revised Statutes.

     (b)  The commission shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of the regular session of 2026.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for providing free voice communication services to incarcerated persons in the State.

     The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii statewide automated victim information and notification system.

     The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

     SECTION 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2025.

Report Title:

PUC; Department of Corrections and Rehabilitation; Communication Services; Correctional Facilities; Hawaii Youth Correctional Facilities; Report; Appropriations

Description:

Requires the State's youth and adult correctional facilities to provide free and accessible voice communication services for incarcerated persons in state correctional facilities.  Prohibits any state agency from deriving revenue or financial benefit from the provision of communication services to persons confined in state correctional facilities.  Requires the Public Utilities Commission to establish service quality standards and rules for the free voice communication services.  Requires a report to the Legislature.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  227-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 676

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committees on Public Safety and Human Services & Homelessness, to which was referred H.B. No. 676 entitled:

"A BILL FOR AN ACT RELATING TO YOUTH AND ADULT CORRECTIONAL FACILITIES,"

beg leave to report as follows:

The purpose of this measure is to:

     (1)  Require the State's youth and adult correctional facilities to provide accessible, functional, and free voice communication services for incarcerated persons;

     (2)  Prohibit any state agency from deriving any revenue or financial benefit from the provision of communication services to persons confined in the State's youth and adult correctional facilities; and

     (3)  Require the Public Utilities Commission to establish service quality standards and rules for the free voice communication services provided to youth and adult correctional facilities.

     Your Committees received testimony in support of this measure from the Office of the Public Defender; American Civil Liberties Union of Hawaiʻi; Community Alliance on Prisons; Worth Rises; Hawaiʻi Friends of Restorative Justice; and six individuals.  Your Committees received testimony in opposition to this measure from the SAVIN Governance Committee; Office of the Prosecuting Attorney of the County of Hawaiʻi; Department of the Prosecuting Attorney of the County of Maui; Sex Abuse Treatment Center; Hawaiʻi State Coalition Against Domestic Violence; and one individual.  Your Committees received comments on this measure from the Department of Corrections and Rehabilitation; Public Utilities Commission; Office of Youth Services; and Life of the Land.

     Your Committees find that individuals who maintain strong family and community ties while incarcerated generally experience better outcomes after release, including lower rates of recidivism and increased stability in housing and employment.  This measure supports the successful reentry of youth and adult offenders into the community after they have served their sentences.

     Your Committees have amended this measure by:

     (1)  Changing the appropriation to provide free voice communication services to incarcerated persons to an unspecified amount;

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committees respectfully request your Committee on Consumer Protection & Commerce and your Committee on Finance, should they deliberate on this measure, to consider the issue of how to contain the costs associated with providing these free services, which can become difficult to maintain, as other states have experienced.  Your Committees acknowledge the testimony that the provision of free communications services may result in the unintended consequence of cutting services for inmates in other areas.

     As affirmed by the records of votes of the members of your Committees on Public Safety and Human Services & Homelessness that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 676, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 676, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Human Services & Homelessness,