SB 104: DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Restrictive Housing; Restrictive Housing Legislative Working Group; Restrictions; Report
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-07-03: Act 292, on 07/03/2025 (Gov. Msg. No. 1395).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
|
THE SENATE |
S.B. NO. |
104 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 3 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that an overwhelming body of evidence shows that restrictive housing, which deprives inmates of meaningful human contact, including phone privileges that allow them to speak with loved ones, creates permanent psychological, neurological, and physical damage. Studies show that the detrimental effects of restrictive housing far exceed the immediate psychological consequences identified by previous research, such as anxiety, depression, and hallucinations. Unfortunately, these detrimental effects do not disappear once an inmate is released from restrictive housing. Even after release back into a community setting, a former inmate faces an elevated risk of suicide, drug overdose, heart attack, and stroke.
The legislature recognizes that as of 2021, legislation to ban or limit the use of restrictive housing in prison has been introduced in thirty-two states and the United States Congress. Further, twenty-four states have enacted statutes that limit or prohibit restrictive housing while other states have limited its use through administrative code, policy, or court rules. Many of these new laws, codes, policies, or court rules represent significant reforms to existing practices and thus have the potential to facilitate more humane and effective practices in prisons and jails.
Accordingly, the purpose of this Act is to:
(1) Beginning July 1, 2026, restrict the use of restrictive housing in state-operated and state‑contracted correctional facilities, with certain specified exceptions;
(2) Establish a restrictive housing legislative working group by August 1, 2025, to develop and recommend more comprehensive laws, policies, and procedures regarding restrictive housing for members of vulnerable populations by January 8, 2027;
(3) Require the Hawaii correctional system oversight commission to review restrictive housing placements on an annual basis;
(4) Authorize the department of corrections and rehabilitation, by December 1, 2027, to implement, if practicable, policies and procedures recommended by the restrictive housing working group related to committed persons who are members of certain vulnerable populations and placed in restrictive housing and develop transition and service plans for these committed persons in restrictive housing; and
(5) Require interim and final reports to the legislature and Hawaii correctional system oversight commission.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Restrictive housing; restrictions on use; policies and procedures. (a) Beginning July 1, 2026, except as otherwise provided in subsection (d), the use of restrictive housing in correctional facilities shall be restricted as follows:
(1) A committed person shall not be placed in restrictive housing unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;
(2) A committed person shall only be held in restrictive housing pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:
(A) An initial hearing held within twenty-four hours of placement in restrictive housing, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;
(B) Appear at the hearing;
(C) Be represented at the hearing;
(D) An independent hearings officer; and
(E) Receive a written statement of reasons for the decision made at the hearing;
(3) The final decision to place a committed person in restrictive housing shall be made by the warden or the warden's designee;
(4) A committed person shall not be placed or held in restrictive housing if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;
(5) A disciplinary sanction of restrictive housing imposed on a committed person who is subsequently removed from restrictive housing pursuant to this subsection shall be deemed completed;
(6) During a facility-wide lockdown, a committed person shall not be placed in restrictive housing for more than thirty consecutive days, or for more than forty‑five days total during any sixty-day period;
(7) Cells or other holding or living space used for restrictive housing shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;
(8) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in restrictive housing by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill‑building activities, and social interaction with staff and other committed persons, as appropriate;
(9) A committed person held in restrictive housing shall not be denied access to:
(A) Food, water, or any other necessity;
(B) Appropriate medical care, including emergency medical care; and
(C) Legal counsel;
(10) Each committed person held in restrictive housing shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in restrictive housing to develop a plan of action to reduce the committed person's violations, return the committed person to the general population, and work on the committed person's rehabilitation; and
(11) A committed person shall not be released directly from restrictive housing to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public. This paragraph shall not be interpreted to delay a committed person's scheduled release.
(b) Beginning July 1, 2026, except as otherwise provided in subsection (c), a committed person who is twenty-one years of age or younger, or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated pregnancy shall not be placed in restrictive housing; provided that a committed person who:
(1) Is twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:
(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self‑harm or related conduct or threatening to do so; and
(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in restrictive housing; or
(2) Is pregnant, is in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternatively be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in restrictive housing.
(c) Beginning July 1, 2026, the use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:
(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within twelve hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;
(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:
(A) A committed person shall not be held in emergency confinement for more than forty-eight hours; and
(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within twelve hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;
(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every twelve hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;
(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:
(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;
(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;
(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;
(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;
(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and
(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and
(5) The warden or the warden's designee determines that a committed person should be placed in restrictive housing pending investigation of an alleged disciplinary offense; provided that:
(A) The committed person's placement in restrictive housing is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;
(B) The committed person's placement in restrictive housing shall not revert to another form of segregation after the initial sanction has been served;
(C) A committed person's placement in restrictive housing pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and
(D) A committed person who has been placed in restrictive housing pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in restrictive housing. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.
(d) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(1) Establishing less restrictive interventions as alternatives to restrictive housing, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving restrictive housing that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, water, basic necessities, or legal assistance;
(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in restrictive housing; provided that the training:
(A) Is developed and conducted with assistance from appropriately trained and qualified professionals; and
(B) Clearly communicates the applicable standards for restrictive housing, including the standards set forth in this section;
(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in restrictive housing;
(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for restrictive housing;
(5) Requiring the posting of quarterly reports on the department's official website that:
(A) Describe the nature and extent of each correctional facility's use of restrictive housing and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in restrictive housing;
(B) Include the population of committed persons as of the last day of each quarter and a non‑duplicative, cumulative count of the number of committed persons placed in restrictive housing during the fiscal year;
(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit, as well as explanations for each instance of facility-wide lockdown; and
(D) Exclude personally identifiable information regarding any committed person; and
(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with this section, including the requirement to use appropriate alternatives to restrictive housing for committed persons.
(e) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall review the determinations regarding the imposition, ongoing use, and termination of restrictive housing for fairness, impartiality, alignment with best practices, and availability of resources and adequate staffing, and shall issue annual reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state‑contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty or more hours without proper adherence to the procedures set forth in this section.
(f) As used in this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Restrictive housing" is defined as occurring when all of the following conditions are present:
(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;
(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and
(3) The committed person's activities, movements, and social interactions are severely restricted."
SECTION 3. (a) A restrictive housing legislative working group shall be convened by August 1, 2025, to:
(1) Review, consider, and identify laws, policies, and procedures regarding restrictive housing for members of vulnerable populations including committed persons who:
(A) Are sixty years of age or older;
(B) Have a physical or mental disability, a history of psychiatric hospitalization, or recently exhibited conduct, including serious self‑mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;
(C) Have a developmental disability, as defined in section 333F-1, Hawaii Revised Statutes;
(D) Have a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing;
(E) Have a significant auditory or visual impairment; or
(F) Is perceived to be lesbian, gay, bisexual, transgender, or intersex; and
(2) By January 8, 2027, make recommendations to the legislature regarding more comprehensive laws, policies, and procedures regarding restrictive housing for members of vulnerable populations.
(b) The restrictive housing legislative working group shall consist of the following members, or their designees:
(1) The chairperson of the house of representatives standing committee with primary jurisdiction over corrections and rehabilitation, who shall serve as co‑chairperson;
(2) The chairperson of the senate standing committee with primary jurisdiction over corrections and rehabilitation, who shall serve as co-chairperson;
(3) The director of corrections and rehabilitation;
(4) The senior advisor for mental health and the justice system in the office of the governor; and
(5) A commissioner on the Hawaii correctional system oversight commission.
(c) The co-chairpersons of the working group shall invite the following individuals to serve as members of the working group:
(1) A representative of the office of Hawaiian affairs;
(2) A representative from the American Civil Liberties Union of Hawaii;
(3) A representative from the Community Alliance on Prisons; and
(4) Any other individuals identified by the chairpersons of the working group.
(d) The working group shall be dissolved on January 8, 2027, or upon submission of its final report to the legislature, whichever is later.
(e) The department of corrections and rehabilitation may implement, if practicable by December 1, 2027, recommended policies and procedures of the restrictive housing legislative working group regarding the placement of committed persons who are members of certain vulnerable populations into restrictive housing and develop transition and service plans for these committed persons in restrictive housing.
SECTION 4. (a) No later than forty days prior to the convening of the regular sessions of 2026 and 2027, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission interim reports of the department's progress toward full compliance with this Act, along with draft copies of written policies and procedures implemented pursuant to this Act.
(b) No later than January 12, 2028, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission a final report of the department's progress toward full compliance with this Act and implementing any recommendations in the final report of the restrictive housing legislative working group.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2025.
Report Title:
DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Restrictive Housing; Restrictive Housing Legislative Working Group; Restrictions; Report
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
104 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 3 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that an overwhelming body of evidence shows that restrictive housing, which deprives inmates of meaningful human contact, including phone privileges that allow them to speak with loved ones, creates permanent psychological, neurological, and physical damage. Studies show that the detrimental effects of restrictive housing far exceed the immediate psychological consequences identified by previous research, such as anxiety, depression, and hallucinations. Unfortunately, these detrimental effects do not disappear once an inmate is released from restrictive housing. Even after release back into a community setting, a former inmate faces an elevated risk of suicide, drug overdose, heart attack, and stroke.
The legislature recognizes that as of 2021, legislation to ban or limit the use of restrictive housing in prison has been introduced in thirty-two states and the United States Congress. Further, twenty-four states have enacted statutes that limit or prohibit restrictive housing while other states have limited its use through administrative code, policy, or court rules. Many of these new laws, codes, policies, or court rules represent significant reforms to existing practices and thus have the potential to facilitate more humane and effective practices in prisons and jails.
Accordingly, the purpose of this Act is to:
(1) By July 1, 2026, restrict the use of restrictive housing in state-operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Establish a restrictive housing legislative working group by August 1, 2025, to develop and recommend more comprehensive laws, policies, and procedures regarding restrictive housing for members of vulnerable populations by September 1, 2027;
(3) Require the Hawaii correctional system oversight commission to review restrictive housing placements on an annual basis;
(4) Authorize the department of corrections and rehabilitation, by December 1, 2027, to implement, if practicable, policies and procedures recommended by the restrictive housing working group related to committed persons who are members of certain vulnerable populations and placed in restrictive housing and develop transition and service plans for these committed persons in restrictive housing; and
(5) Require interim and final reports to the legislature and Hawaii correctional system oversight commission.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Restrictive housing; restrictions on use; policies and procedures. (a) Except as otherwise provided in subsection (d), the use of restrictive housing in correctional facilities shall be restricted as follows:
(1) A committed person shall not be placed in restrictive housing unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;
(2) A committed person shall only be held in restrictive housing pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:
(A) An initial hearing held within twenty-four hours of placement in restrictive housing, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;
(B) Appear at the hearing;
(C) Be represented at the hearing;
(D) An independent hearings officer; and
(E) Receive a written statement of reasons for the decision made at the hearing;
(3) The final decision to place a committed person in restrictive housing shall be made by the warden or the warden's designee;
(4) A committed person shall not be placed or held in restrictive housing if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;
(5) A disciplinary sanction of restrictive housing imposed on a committed person who is subsequently removed from restrictive housing pursuant to this subsection shall be deemed completed;
(6) During a facility-wide lockdown, a committed person shall not be placed in restrictive housing for more than thirty consecutive days, or for more than forty-five days total during any sixty-day period;
(7) Cells or other holding or living space used for restrictive housing shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;
(8) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in restrictive housing by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill‑building activities, and social interaction with staff and other committed persons, as appropriate;
(9) A committed person held in restrictive housing shall not be denied access to:
(A) Food, water, or any other necessity;
(B) Appropriate medical care, including emergency medical care; and
(C) Legal counsel;
(10) Each committed person held in restrictive housing shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in restrictive housing to develop a plan of action to reduce the committed person's violations, return the committed person to the general population, and work on the committed person's rehabilitation; and
(11) A committed person shall not be released directly from restrictive housing to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public. This paragraph shall not be interpreted to delay a committed person's scheduled release.
(b) Except as otherwise provided in subsection (c), a committed person who is twenty-one years of age or younger, or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated pregnancy shall not be placed in restrictive housing; provided that a committed person who:
(1) Is twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:
(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self‑harm or related conduct or threatening to do so; and
(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in restrictive housing; or
(2) Is pregnant, is in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternatively be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in restrictive housing.
(c) The use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:
(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within twelve hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;
(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:
(A) A committed person shall not be held in emergency confinement for more than forty-eight hours; and
(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within twelve hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;
(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every twelve hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;
(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:
(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;
(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;
(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;
(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;
(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and
(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and
(5) The warden or the warden's designee determines that a committed person should be placed in restrictive housing pending investigation of an alleged disciplinary offense; provided that:
(A) The committed person's placement in restrictive housing is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;
(B) The committed person's placement in restrictive housing shall not revert to another form of segregation after the initial sanction has been served;
(C) A committed person's placement in restrictive housing pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and
(D) A committed person who has been placed in restrictive housing pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in restrictive housing. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.
(d) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(1) Establishing less restrictive interventions as alternatives to restrictive housing, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving restrictive housing that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, water, basic necessities, or legal assistance;
(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in restrictive housing; provided that the training:
(A) Is developed and conducted with assistance from appropriately trained and qualified professionals; and
(B) Clearly communicates the applicable standards for restrictive housing, including the standards set forth in this section;
(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in restrictive housing;
(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for restrictive housing;
(5) Requiring the posting of quarterly reports on the department's official website that:
(A) Describe the nature and extent of each correctional facility's use of restrictive housing and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in restrictive housing;
(B) Include the population of committed persons as of the last day of each quarter and a non‑duplicative, cumulative count of the number of committed persons placed in restrictive housing during the fiscal year;
(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit, as well as explanations for each instance of facility-wide lockdown; and
(D) Exclude personally identifiable information regarding any committed person; and
(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with this section, including the requirement to use appropriate alternatives to restrictive housing for committed persons.
(e) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall review the determinations regarding the imposition, ongoing use, and termination of restrictive housing for fairness, impartiality, alignment with best practices, and availability of resources and adequate staffing, and shall issue annual reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state‑contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty or more hours without proper adherence to the procedures set forth in this section.
(f) As used in this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Restrictive housing" is defined as occurring when all of the following conditions are present:
(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;
(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and
(3) The committed person's activities, movements, and social interactions are severely restricted."
SECTION 3. (a) A restrictive housing legislative working group shall be convened by August 1, 2025, to:
(1) Review, consider, and identify laws, policies, and procedures regarding restrictive housing for members of vulnerable populations including committed persons who:
(A) Are sixty years of age or older;
(B) Have a physical or mental disability, a history of psychiatric hospitalization, or recently exhibited conduct, including serious self-mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;
(C) Have a developmental disability, as defined in section 333F-1, Hawaii Revised Statutes;
(D) Have a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing;
(E) Have a significant auditory or visual impairment; or
(F) Is perceived to be lesbian, gay, bisexual, transgender, or intersex; and
(2) By September 1, 2027, make recommendations to the legislature regarding more comprehensive laws, policies, and procedures regarding restrictive housing for members of vulnerable populations.
(b) The restrictive housing legislative working group shall consist of the following members, or their designees:
(1) The chairperson of the house of representatives standing committee with primary jurisdiction over corrections and rehabilitation, who shall serve as co-chairperson;
(2) The chairperson of the senate standing committee with primary jurisdiction over corrections and rehabilitation, who shall serve as co-chairperson;
(3) The director of corrections and rehabilitation;
(4) The senior advisor for mental health and the justice system in the office of the governor; and
(5) A commissioner on the Hawaii correctional system oversight commission.
(c) The co-chairpersons of the working group shall invite the following individuals to serve as members of the working group:
(1) A representative of the office of Hawaiian affairs;
(2) A representative from the American Civil Liberties Union of Hawaii;
(3) A representative from the Community Alliance on Prisons; and
(4) Any other individuals identified by the chairpersons of the working group.
(d) The working group shall be dissolved on September 1, 2027, or upon submission of its final report to the legislature, whichever is later.
(e) The department of corrections and rehabilitation may implement, if practicable by December 1, 2027, recommended policies and procedures of the restrictive housing legislative working group regarding the placement of committed persons who are members of certain vulnerable populations into restrictive housing and develop transition and service plans for these committed persons in restrictive housing.
SECTION 4. (a) No later than forty days prior to the convening of the regular sessions of 2026 and 2027, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission interim reports of the department's progress toward full compliance with this Act, along with draft copies of written policies and procedures implemented pursuant to this Act.
(b) No later than January 12, 2028, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission a final report of the department's progress toward full compliance with this Act and implementing any recommendations in the final report of the restrictive housing legislative working group.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000; provided that section 2 shall take effect on July 1, 2026.
Report Title:
DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Restrictive Housing; Restrictive Housing Legislative Working Group; Restrictions; Report
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
104 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that an overwhelming body of evidence shows that restrictive housing, which deprives inmates of meaningful human contact, including phone privileges that allow them to speak with loved ones, creates permanent psychological, neurological, and physical damage. The legislature notes that House Concurrent Resolution No. 85, H.D. 2, S.D. 1 (2016), requested the establishment of a task force to study effective incarceration policies to improve Hawaii's correctional system. The interim report of the task force, which was dated February 2017, included an observation by the Vera Institute of Justice that the prevalence of incarcerated individuals having mental illness is at odds with the design, operation, and resources of most correctional facilities. Studies show that the detrimental effects of restrictive housing far exceed the immediate psychological consequences identified by previous research, such as anxiety, depression, and hallucinations. Unfortunately, these detrimental effects do not disappear once an inmate is released from restrictive housing. Even after release back into a community setting, a former inmate faces an elevated risk of suicide, drug overdose, heart attack, and stroke.
The legislature recognizes that as of 2021, legislation to ban or limit the use of restrictive housing in prison has been introduced in thirty-two states and the United States Congress. Further, twenty-four states have enacted statutes that limit or prohibit restrictive housing while other states have limited its use through administrative code, policy, or court rules. Some of these new laws, such as those enacted by Connecticut and Washington, reflect tentative and piecemeal approaches to change. However, most of the new laws represent significant reforms to existing practices and thus have the potential to facilitate more humane and effective practices in prisons and jails.
The legislature further finds that the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as "the Nelson Mandela Rules" to honor the legacy of the late South African president, are based upon an obligation to treat all prisoners with respect for their inherent dignity and value as human beings. The rules prohibit torture and other forms of maltreatment. Notably, the rules also restrict the use of restrictive housing as a measure of last resort, to be used only in exceptional circumstances. Moreover, the rules prohibit the use of restrictive housing for a time period exceeding fifteen consecutive days and characterize this disciplinary sanction as a form of "torture or other cruel, inhuman or degrading treatment or punishment". Indeed, Nelson Mandela said he found restrictive housing to be "the most forbidding aspect of prison life" and stated that "[t]here was no end and no beginning; there's only one's own mind, which can begin to play tricks".
Accordingly, the purpose of this Act is to:
(1) Restrict the use of restrictive housing in state-operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the department of corrections and rehabilitation to develop written policies and procedures regarding restrictive housing by July 1, 2026;
(3) Require the Hawaii correctional system oversight commission to review certain housing placements;
(4) Require the department of corrections and rehabilitation, by April 1, 2026, to develop policies and procedures to review committed persons placed in restrictive housing and develop a plan for committed persons currently in restrictive housing; and
(5) Require a report to the legislature and Hawaii correctional system oversight commission.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Restrictive housing; restrictions on use; policies and procedures. (a) Except as otherwise provided in subsection (d), the use of restrictive housing in correctional facilities shall be restricted as follows:
(1) A committed person shall not be placed in restrictive housing unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;
(2) A committed person shall not be placed in restrictive housing for non-disciplinary reasons;
(3) A committed person shall not be placed in restrictive housing before receiving a personal and comprehensive medical and mental health examination conducted by a clinician;
(4) A committed person shall only be held in restrictive housing pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:
(A) An initial hearing held within twenty-four hours of placement in restrictive housing, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;
(B) Appear at the hearing;
(C) Be represented at the hearing;
(D) An independent hearings officer; and
(E) Receive a written statement of reasons for the decision made at the hearing;
(5) The final decision to place a committed person in restrictive housing shall be made by the warden or the warden's designee;
(6) A committed person shall not be placed or held in restrictive housing if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;
(7) A clinician shall evaluate on a daily basis each committed person who has been placed in restrictive housing, in a confidential setting outside of the committed person's cell whenever possible, to determine whether the committed person is a member of a vulnerable population. A committed person determined to be a member of a vulnerable population shall be immediately removed from restrictive housing and moved to an appropriate placement elsewhere;
(8) A disciplinary sanction of restrictive housing imposed on a committed person who is subsequently removed from restrictive housing pursuant to this subsection shall be deemed completed;
(9) During a facility-wide lockdown, a committed person shall not be placed in restrictive housing for more than fifteen consecutive days, or for more than twenty days total during any sixty-day period;
(10) Cells or other holding or living space used for restrictive housing shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;
(11) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in restrictive housing by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill‑building activities, and social interaction with staff and other committed persons, as appropriate;
(12) A committed person held in restrictive housing shall not be denied access to:
(A) Food, water, or any other necessity;
(B) Appropriate medical care, including emergency medical care; and
(C) Legal counsel;
(13) Each committed person held in restrictive housing shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in restrictive housing to develop a plan of action to reduce the committed person's violations, return the committed person to the general population, and work on the committed person's rehabilitation; and
(14) A committed person shall not be released directly from restrictive housing to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public. This paragraph shall not be interpreted to delay a committed person's scheduled release.
(b) Except as otherwise provided in subsection (d), a committed person who is a member of a vulnerable population shall not be placed in restrictive housing; provided that a committed person who is a member of a vulnerable population because the committed person is:
(1) Twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:
(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self‑harm or related conduct or threatening to do so; and
(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in restrictive housing; or
(2) Sixty years of age or older; has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing; or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternatively be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in restrictive housing.
(c) A committed person shall not be placed in restrictive housing or in any other cell or other holding or living space, in any facility, whether alone or with one or more other committed persons, if there is reasonable cause to believe that there exists a risk of harm, harassment, intimidation, extortion, or other physical or emotional abuse to the committed person or to another committed person in that placement.
(d) The use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:
(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within six hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;
(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:
(A) A committed person shall not be held in emergency confinement for more than twenty-four hours; and
(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within six hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;
(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every six hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;
(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:
(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;
(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;
(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;
(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;
(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and
(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and
(5) The warden or the warden's designee determines that a committed person should be placed in restrictive housing pending investigation of an alleged disciplinary offense; provided that:
(A) The committed person's placement in restrictive housing is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;
(B) The committed person's placement in restrictive housing shall not revert to another form of segregation after the initial sanction has been served;
(C) A committed person's placement in restrictive housing pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and
(D) A committed person who has been placed in restrictive housing pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in restrictive housing. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.
(e) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(1) Establishing less restrictive interventions as alternatives to restrictive housing, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving restrictive housing that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, water, basic necessities, or legal assistance;
(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in restrictive housing; provided that the training:
(A) Is developed and conducted with assistance from appropriately trained and qualified professionals;
(B) Clearly communicates the applicable standards for restrictive housing, including the standards set forth in this section; and
(C) Provides information on the identification of developmental disabilities; symptoms of mental illness, including trauma disorders; and methods for responding safely to persons in distress;
(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in restrictive housing;
(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for restrictive housing;
(5) Requiring the posting of quarterly reports on the department's official website that:
(A) Describe the nature and extent of each correctional facility's use of restrictive housing and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in restrictive housing;
(B) Include the population of committed persons as of the last day of each quarter and a non‑duplicative, cumulative count of the number of committed persons placed in restrictive housing during the fiscal year;
(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit, as well as explanations for each instance of facility-wide lockdown; and
(D) Exclude personally identifiable information regarding any committed person; and
(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with this section, including the requirement to use appropriate alternatives to restrictive housing for committed persons who are members of a vulnerable population.
(f) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation and evidence to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall thoroughly review all determinations regarding the imposition of restrictive housing for fairness, impartiality, alignment with best practices, and other factors the Hawaii correctional system oversight commission finds relevant, and shall issue quarterly reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state‑contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty or more hours without proper adherence to the procedures set forth in this section.
(g) As used in this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Member of a vulnerable population" means any committed person who:
(1) Is twenty-one years of age or younger;
(2) Is sixty years of age or older;
(3) Has a physical or mental disability, a history of psychiatric hospitalization, or recently exhibited conduct, including serious self-mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;
(4) Has a developmental disability, as defined in section 333F-1;
(5) Has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing;
(6) Is pregnant, is in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy;
(7) Has a significant auditory or visual impairment; or
(8) Is perceived to be lesbian, gay, bisexual, transgender, or intersex.
"Restrictive housing" is defined as occurring when all of the following conditions are present:
(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;
(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and
(3) The committed person's activities, movements, and social interactions are severely restricted."
SECTION 3. No later than April 1, 2026, the department of corrections and rehabilitation shall:
(1) Develop written policies and implement procedures, as necessary and appropriate, for the review of committed persons placed in restrictive housing;
(2) Initiate a review of each committed person placed in restrictive housing during the immediately preceding fiscal year to determine whether the placement would be appropriate in light of the requirements of section 353- , Hawaii Revised Statutes; and
(3) Develop a plan for providing step-down and transitional units, programs, and staffing patterns to accommodate committed persons currently placed in restrictive housing, committed persons who may prospectively be placed in restrictive housing, and committed persons who receive an intermediate sanction in lieu of being placed in restrictive housing; provided that staffing patterns for correctional and program staff shall be set at levels necessary to ensure the safety of staff and committed persons pursuant to the requirements of this Act.
SECTION 4. No later than forty days prior to the convening of the regular session of 2027, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission a status report of the department's progress toward full compliance with this Act, along with draft copies of written policies and procedures undertaken pursuant to this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Restrictive Housing; Restrictions; Report
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
104 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that an overwhelming body of evidence shows that restrictive housing, which deprives inmates of meaningful human contact, including phone privileges that allow them to speak with loved ones, creates permanent psychological, neurological, and physical damage. The legislature notes that House Concurrent Resolution No. 85, H.D. 2, S.D. 1 (2016), requested the establishment of a task force to study effective incarceration policies to improve Hawaii's correctional system. The interim report of the task force, which was dated February 2017, included an observation by the Vera Institute of Justice that the prevalence of incarcerated individuals having mental illness is at odds with the design, operation, and resources of most correctional facilities. Studies show that the detrimental effects of restrictive housing far exceed the immediate psychological consequences identified by previous research, such as anxiety, depression, and hallucinations. Unfortunately, these detrimental effects do not disappear once an inmate is released from restrictive housing. Even after release back into a community setting, a former inmate faces an elevated risk of suicide, drug overdose, heart attack, and stroke.
The legislature recognizes that as of 2021, legislation to ban or limit the use of restrictive housing in prison has been introduced in thirty-two states and the United States Congress. Further, twenty-four states have enacted statutes that limit or prohibit restrictive housing while other states have limited its use through administrative code, policy, or court rules. Some of these new laws, such as those enacted by Connecticut and Washington, reflect tentative and piecemeal approaches to change. However, most of the new laws represent significant reforms to existing practices and thus have the potential to facilitate more humane and effective practices in prisons and jails.
The legislature further finds that the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as "the Nelson Mandela Rules" to honor the legacy of the late South African president, are based upon an obligation to treat all prisoners with respect for their inherent dignity and value as human beings. The rules prohibit torture and other forms of maltreatment. Notably, the rules also restrict the use of restrictive housing as a measure of last resort, to be used only in exceptional circumstances. Moreover, the rules prohibit the use of restrictive housing for a time period exceeding fifteen consecutive days and characterize this disciplinary sanction as a form of "torture or other cruel, inhuman or degrading treatment or punishment". Indeed, Nelson Mandela said he found restrictive housing to be "the most forbidding aspect of prison life" and stated that "[t]here was no end and no beginning; there's only one's own mind, which can begin to play tricks".
Accordingly, the purpose of this Act is to:
(1) Restrict the use of restrictive housing in state-operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the department of corrections and rehabilitation to develop written policies and procedures regarding restrictive housing by July 1, 2026;
(3) Require the Hawaii correctional system oversight commission to review certain housing placements;
(4) Require the department of corrections and rehabilitation, by April 1, 2026, to develop policies and procedures to review committed persons placed in restrictive housing and develop a plan for committed persons currently in restrictive housing; and
(5) Require a report to the legislature and Hawaii correctional system oversight commission.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Restrictive housing; restrictions on use; policies and procedures. (a) The use of restrictive housing in correctional facilities shall be restricted as follows:
(1) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;
(2) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing for non-disciplinary reasons;
(3) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing before receiving a personal and comprehensive medical and mental health examination conducted by a clinician;
(4) Except as otherwise provided in subsection (d), a committed person shall only be held in restrictive housing pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:
(A) An initial hearing held within twenty-four hours of placement in restrictive housing, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;
(B) Appear at the hearing;
(C) Be represented at the hearing;
(D) An independent hearings officer; and
(E) Receive a written statement of reasons for the decision made at the hearing;
(5) Except as otherwise provided in subsection (d), the final decision to place a committed person in restrictive housing shall be made by the warden or the warden's designee;
(6) Except as otherwise provided in this subsection or in subsection (d), a committed person shall not be placed or held in restrictive housing if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;
(7) A clinician shall evaluate on a daily basis each committed person who has been placed in restrictive housing, in a confidential setting outside of the committed person's cell whenever possible, to determine whether the committed person is a member of a vulnerable population. Except as otherwise provided in subsection (d), a committed person determined to be a member of a vulnerable population shall be immediately removed from restrictive housing and moved to an appropriate placement elsewhere;
(8) A disciplinary sanction of restrictive housing imposed on a committed person who is subsequently removed from restrictive housing pursuant to this subsection shall be deemed completed;
(9) Except as otherwise provided in subsection (d), during a facility-wide lockdown, a committed person shall not be placed in restrictive housing for more than fifteen consecutive days, or for more than twenty days total during any sixty-day period;
(10) Cells or other holding or living space used for restrictive housing shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;
(11) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in restrictive housing by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill‑building activities, and social interaction with staff and other committed persons, as appropriate;
(12) A committed person held in restrictive housing shall not be denied access to:
(A) Food, water, or any other necessity;
(B) Appropriate medical care, including emergency medical care; and
(C) Access to legal counsel;
(13) Each committed person held in restrictive housing shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in restrictive housing to develop a plan of action to reduce the committed person's violations, return the committed person to the general population, and work on the committed person's rehabilitation; and
(14) A committed person shall not be released directly from restrictive housing to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public.
(b) Except as otherwise provided in subsection (d), a committed person who is a member of a vulnerable population shall not be placed in restrictive housing; provided that a committed person who is a member of a vulnerable population because the committed person is:
(1) Twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:
(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self‑harm or related conduct or threatening to do so; and
(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in restrictive housing; or
(2) Sixty years of age or older; has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing; or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternately be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in restrictive housing.
(c) A committed person shall not be placed in restrictive housing or in any other cell or other holding or living space, in any facility, whether alone or with one or more other committed persons, if there is reasonable cause to believe that there exists a risk of harm, harassment, intimidation, extortion, or other physical or emotional abuse to the committed person or to another committed person in that placement.
(d) The use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:
(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within six hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;
(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:
(A) A committed person shall not be held in emergency confinement for more than twenty-four hours; and
(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within six hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;
(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every six hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;
(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:
(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;
(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;
(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;
(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;
(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and
(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and
(5) The warden or the warden's designee determines that a committed person should be placed in restrictive housing pending investigation of an alleged disciplinary offense; provided that:
(A) The committed person's placement in restrictive housing is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;
(B) The committed person's placement in restrictive, disciplinary, or administrative segregation shall not revert to another form of segregation after the initial sanction has been served;
(C) A committed person's placement in restrictive housing pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and
(D) A committed person who has been placed in restrictive housing pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in restrictive housing. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.
(e) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(1) Establishing less restrictive interventions as alternatives to restrictive housing, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving restrictive housing that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, basic necessities, or legal assistance;
(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in restrictive housing; provided that the training:
(A) Is developed and conducted with assistance from appropriately trained and qualified professionals;
(B) Clearly communicates the applicable standards for restrictive housing, including the standards set forth in this section; and
(C) Provides information on the identification of developmental disabilities; symptoms of mental illness, including trauma disorders; and methods for responding safely to persons in distress;
(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in restrictive housing;
(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for restrictive housing;
(5) Requiring the posting of quarterly reports on the department's official website that:
(A) Describe the nature and extent of each correctional facility's use of restrictive housing and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in restrictive housing;
(B) Include the population of committed persons as of the last day of each quarter and a non‑duplicative, cumulative count of the number of committed persons placed in restrictive housing during the fiscal year;
(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit, as well as explanations for each instance of facility-wide lockdown; and
(D) Exclude personally identifiable information regarding any committed person; and
(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with this section, including the requirement to use appropriate alternatives to restrictive housing for committed persons who are members of a vulnerable population.
(f) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation and evidence to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall thoroughly review all determinations regarding the imposition of restrictive housing for fairness, impartiality, alignment with best practices, and other factors the Hawaii correctional system oversight commission finds relevant, and shall issue quarterly reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state‑contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty hours without proper adherence to the procedures set forth in this section.
(g) As used in this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Member of a vulnerable population" means any committed person who:
(1) Is twenty-one years of age or younger;
(2) Is sixty years of age or older;
(3) Has a physical or mental disability, a history of psychiatric hospitalization, or recently exhibited conduct, including serious self-mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;
(4) Has a developmental disability, as defined in section 333F-1;
(5) Has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing;
(6) Is pregnant, is in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy;
(7) Has a significant auditory or visual impairment; or
(8) Is perceived to be lesbian, gay, bisexual, transgender, or intersex.
"Restrictive housing" is defined as occurring when all of the following conditions are present:
(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;
(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and
(3) The committed person's activities, movements, and social interactions are severely restricted."
SECTION 3. No later than April 1, 2026, the department of corrections and rehabilitation shall:
(1) Develop written policies and implement procedures, as necessary and appropriate, for the review of committed persons placed in restrictive housing;
(2) Initiate a review of each committed person placed in restrictive housing during the immediately preceding fiscal year to determine whether the placement would be appropriate in light of the requirements of section 353- , Hawaii Revised Statutes; and
(3) Develop a plan for providing step-down and transitional units, programs, and staffing patterns to accommodate committed persons currently placed in restrictive housing, committed persons who may prospectively be placed in restrictive housing, and committed persons who receive an intermediate sanction in lieu of being placed in restrictive housing; provided that staffing patterns for correctional and program staff are set at levels necessary to ensure the safety of staff and committed persons pursuant to the requirements of this Act.
SECTION 4. No later than forty days prior to the convening of the regular session of 2027, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission a status report of the department's progress toward full compliance with this Act, along with draft copies of written policies and procedures undertaken pursuant to this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Restrictive Housing; Restrictions; Report
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
104 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that an overwhelming body of evidence shows that restrictive housing--which deprives inmates of meaningful human contact, including phone privileges that allow them to speak with loved ones--creates permanent psychological, neurological, and physical damage. The legislature notes that H.C.R. No. 85, H.D. 2, S.D. 1 (2016), requested the establishment of a task force to study effective incarceration policies to improve Hawaii's correctional system. The interim report of the task force, which was dated February 2017 and provided to the legislature, included an observation by the Vera Institute of Justice that the prevalence of incarcerated people having mental illness is at odds with the design, operation, and resources of most correctional facilities. Studies show that the detrimental effects of restrictive housing far exceed the immediate psychological consequences identified by previous research, such as anxiety, depression, and hallucinations. Unfortunately, these detrimental effects do not disappear once an inmate is released from restrictive housing. Even after release back into a community setting, a former inmate faces an elevated risk of suicide, drug overdose, heart attack, and stroke.
The legislature recognizes that as of 2021, legislation to ban or limit the use of restrictive housing in prison has been introduced in thirty-two states and the United States Congress. Further, twenty-four states have enacted statutes that limit or prohibit restrictive housing while other states have limited its use through administrative code, policy, or court rules. Some of these new laws, such as those enacted by Connecticut and Washington, reflect tentative and piecemeal approaches to change. However, most of the new laws represent significant reforms to existing practices and thus have the potential to facilitate more humane and effective practices in prisons and jails.
The legislature further finds that the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as "the Nelson Mandela Rules" to honor the legacy of the late South African president, are based upon an obligation to treat all prisoners with respect for their inherent dignity and value as human beings. The rules prohibit torture and other forms of maltreatment. Notably, the rules also restrict the use of restrictive housing as a measure of last resort, to be used only in exceptional circumstances. Moreover, the rules prohibit the use of restrictive housing for a time period exceeding fifteen consecutive days and characterize this disciplinary sanction as a form of "torture or other cruel, inhuman or degrading treatment or punishment". Indeed, Nelson Mandela said he found restrictive housing to be "the most forbidding aspect of prison life" and stated that "[t]here was no end and no beginning; there's only one's own mind, which can begin to play tricks".
Accordingly, the purpose of this Act is to:
(1) Restrict the use of restrictive housing in state-operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the department of corrections and rehabilitation to develop written policies and procedures regarding restrictive housing by July 1, 2026;
(3) Require the Hawaii correctional system oversight commission to review certain housing placements;
(4) Require the department of corrections and rehabilitation to develop policies and procedures to review committed persons placed in restrictive housing and develop a plan for committed persons currently in restrictive housing by April 1, 2026; and
(5) Require a report to the legislature and Hawaii correctional system oversight commission.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Restrictive housing; restrictions on use; policies and procedures. (a) The use of restrictive housing in correctional facilities shall be restricted as follows:
(1) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;
(2) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing for non-disciplinary reasons;
(3) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing before receiving a personal and comprehensive medical and mental health examination conducted by a clinician;
(4) Except as otherwise provided in subsection (d), a committed person shall only be held in restrictive housing pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:
(A) An initial hearing held within twenty-four hours of placement in restrictive housing, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;
(B) Appear at the hearing;
(C) Be represented at the hearing;
(D) An independent hearing officer; and
(E) Receive a written statement of reasons for the decision made at the hearing;
(5) Except as otherwise provided in subsection (d), the final decision to place a committed person in restrictive housing shall be made by the warden or the warden's designee;
(6) Except as otherwise provided in this subsection or in subsection (d), a committed person shall not be placed or held in restrictive housing if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;
(7) A clinician shall evaluate on a daily basis each committed person who has been placed in restrictive housing, in a confidential setting outside of the committed person's cell whenever possible, to determine whether the committed person is a member of a vulnerable population. Except as otherwise provided in subsection (d), a committed person determined to be a member of a vulnerable population shall be immediately removed from restrictive housing and moved to an appropriate placement elsewhere;
(8) A disciplinary sanction of restrictive housing imposed on a committed person who is subsequently removed from restrictive housing pursuant to this subsection shall be deemed completed;
(9) Except as otherwise provided in subsection (d), during a facility-wide lockdown, a committed person shall not be placed in restrictive housing for more than fifteen consecutive days, or for more than twenty days total during any sixty-day period;
(10) Cells or other holding or living space used for restrictive housing shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;
(11) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in restrictive housing by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill‑building activities, and social interaction with staff and other committed persons, as appropriate;
(12) A committed person held in restrictive housing shall not be denied access to:
(A) Food, water, or any other necessity;
(B) Appropriate medical care, including emergency medical care; and
(C) Access to their legal counsel;
(13) Each committed person held in restrictive housing shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in restrictive housing to develop a plan of action to reduce the committed person's violations, return to the general population, and work on the committed person's rehabilitation; and
(14) A committed person shall not be released directly from restrictive housing to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public.
(b) Except as otherwise provided in subsection (d), a committed person who is a member of a vulnerable population shall not be placed in restrictive housing; provided that a committed person who is a member of a vulnerable population because the committed person is:
(1) Twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:
(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self‑harm or related conduct or threatening to do so; and
(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in restrictive housing; or
(2) Sixty years of age or older; has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing; or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternately be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in restrictive housing.
(c) A committed person shall not be placed in restrictive housing or in any other cell or other holding or living space, in any facility, whether alone or with one or more other committed persons, if there is reasonable cause to believe that there exists a risk of harm, harassment, intimidation, extortion, or other physical or emotional abuse to the committed person or to another committed person in that placement.
(d) The use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:
(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within six hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;
(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:
(A) A committed person shall not be held in emergency confinement for more than twenty-four hours; and
(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within six hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;
(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every six hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;
(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:
(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;
(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;
(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;
(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;
(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and
(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and
(5) The warden or the warden's designee determines that a committed person should be placed in restrictive housing pending investigation of an alleged disciplinary offense; provided that:
(A) The committed person's placement in restrictive housing is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;
(B) The committed person's placement in restrictive, disciplinary, or administrative segregation shall not revert to another form of segregation after the initial sanction has been served;
(C) A committed person's placement in restrictive housing pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and
(D) A committed person who has been placed in restrictive housing pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in restrictive housing. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.
(e) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(1) Establishing less restrictive interventions as alternatives to restrictive housing, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving restrictive housing that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, basic necessities, or legal assistance;
(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in restrictive housing; provided that the training:
(A) Is developed and conducted with assistance from appropriately trained and qualified professionals;
(B) Clearly communicates the applicable standards for restrictive housing, including the standards set forth in this section; and
(C) Provides information on the identification of developmental disabilities; symptoms of mental illness, including trauma disorders; and methods for responding safely to persons in distress;
(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in restrictive housing;
(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for restrictive housing;
(5) Requiring the posting of quarterly reports on the department's official website that:
(A) Describe the nature and extent of each correctional facility's use of restrictive housing and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in restrictive housing;
(B) Include the population of committed persons as of the last day of each quarter and a non‑duplicative, cumulative count of the number of committed persons placed in restrictive housing during the fiscal year;
(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit, as well as explanations for each instance of facility-wide lockdown; and
(D) Exclude personally identifiable information regarding any committed person; and
(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with the provisions of this section, including the requirement to use appropriate alternatives to restrictive housing for committed persons who are members of a vulnerable population.
(f) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation and evidence to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall thoroughly review all determinations regarding the imposition of restrictive housing for fairness, impartiality, alignment with best practices, and other factors the Hawaii correctional system oversight commission finds relevant, and shall issue quarterly reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state‑contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty hours without proper adherence to the procedures outlined in this section.
(g) For the purposes of this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Member of a vulnerable population" means any committed person who:
(1) Is twenty-one years of age or younger;
(2) Is sixty years of age or older;
(3) Has a physical or mental disability, a history of psychiatric hospitalization, or recently exhibited conduct, including serious self-mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;
(4) Has a developmental disability, as defined in section 333F-1;
(5) Has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing;
(6) Is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy;
(7) Has a significant auditory or visual impairment; or
(8) Is perceived to be lesbian, gay, bisexual, transgender, or intersex.
"Restrictive housing" is defined as occurring when all of the following conditions are present:
(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;
(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and
(3) The committed person's activities, movements, and social interactions are severely restricted."
SECTION 3. No later than April 1, 2026, the department of corrections and rehabilitation shall:
(1) Develop written policies and implement procedures, as necessary and appropriate, for the review of committed persons placed in restrictive housing;
(2) Initiate a review of each committed person placed in restrictive housing during the immediately preceding fiscal year to determine whether the placement would be appropriate in light of the requirements of section 353- , Hawaii Revised Statutes; and
(3) Develop a plan for providing step-down and transitional units, programs, and staffing patterns to accommodate committed persons currently placed in restrictive housing, committed persons who may prospectively be placed in restrictive housing, and committed persons who receive an intermediate sanction in lieu of being placed in restrictive housing; provided that staffing patterns for correctional and program staff are set at levels necessary to ensure the safety of staff and committed persons pursuant to the requirements of this Act.
SECTION 4. No later than forty days prior to the convening of the regular session of 2027, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission a status report of the department's progress toward full compliance with this Act, along with draft copies of written policies and procedures undertaken pursuant to this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2077.
Report Title:
DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Restrictive Housing; Restrictions; Report
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
104 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that an overwhelming body of evidence shows that restrictive housing--which deprives inmates of meaningful human contact, including phone privileges that allow them to speak with loved ones--creates permanent psychological, neurological, and physical damage. The legislature notes that H.C.R. No. 85, H.D. 2, S.D. 1 (2016), requested the establishment of a task force to study effective incarceration policies to improve Hawaii's correctional system. The interim report of the task force, which was dated February 2017 and provided to the legislature, included an observation by the Vera Institute of Justice that the prevalence of incarcerated people having mental illness is at odds with the design, operation, and resources of most correctional facilities. Studies show that the detrimental effects of restrictive housing far exceed the immediate psychological consequences identified by previous research, such as anxiety, depression, and hallucinations. Unfortunately, these detrimental effects do not disappear once an inmate is released from restrictive housing. Even after release back into a community setting, a former inmate faces an elevated risk of suicide, drug overdose, heart attack, and stroke.
The legislature recognizes that as of 2021, legislation to ban or limit the use of restrictive housing in prison has been introduced in thirty-two states and the United States Congress. Further, twenty-four states have enacted statutes that limit or prohibit restrictive housing while other states have limited its use through administrative code, policy, or court rules. Some of these new laws, such as those enacted by Connecticut and Washington, reflect tentative and piecemeal approaches to change. However, most of the new laws represent significant reforms to existing practices and thus have the potential to facilitate more humane and effective practices in prisons and jails.
The legislature further finds that the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as "the Nelson Mandela Rules" to honor the legacy of the late South African president, are based upon an obligation to treat all prisoners with respect for their inherent dignity and value as human beings. The rules prohibit torture and other forms of maltreatment. Notably, the rules also restrict the use of restrictive housing as a measure of last resort, to be used only in exceptional circumstances. Moreover, the rules prohibit the use of restrictive housing for a time period exceeding fifteen consecutive days and characterize this disciplinary sanction as a form of "torture or other cruel, inhuman or degrading treatment or punishment". Indeed, Nelson Mandela said he found restrictive housing to be "the most forbidding aspect of prison life" and stated that "[t]here was no end and no beginning; there's only one's own mind, which can begin to play tricks".
Accordingly, the purpose of this Act is to:
(1) Restrict the use of restrictive housing in state-operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the department of corrections and rehabilitation to develop written policies and procedures regarding restrictive housing by July 1, 2026;
(3) Require the Hawaii correctional system oversight commission to review certain housing placements;
(4) Require the department of corrections and rehabilitation to develop policies and procedures to review committed persons placed in restrictive housing and develop a plan for committed persons currently in restrictive housing by April 1, 2026; and
(5) Require a report to the legislature and Hawaii correctional system oversight commission.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Restrictive housing; restrictions on use; policies and procedures. (a) The use of restrictive housing in correctional facilities shall be restricted as follows:
(1) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;
(2) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing for non-disciplinary reasons;
(3) Except as otherwise provided in subsection (d), a committed person shall not be placed in restrictive housing before receiving a personal and comprehensive medical and mental health examination conducted by a clinician;
(4) Except as otherwise provided in subsection (d), a committed person shall only be held in restrictive housing pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:
(A) An initial hearing held within twenty-four hours of placement in restrictive housing, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;
(B) Appear at the hearing;
(C) Be represented at the hearing;
(D) An independent hearing officer; and
(E) Receive a written statement of reasons for the decision made at the hearing;
(5) Except as otherwise provided in subsection (d), the final decision to place a committed person in restrictive housing shall be made by the warden or the warden's designee;
(6) Except as otherwise provided in this subsection or in subsection (d), a committed person shall not be placed or held in restrictive housing if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;
(7) A clinician shall evaluate on a daily basis each committed person who has been placed in restrictive housing, in a confidential setting outside of the committed person's cell whenever possible, to determine whether the committed person is a member of a vulnerable population. Except as otherwise provided in subsection (d), a committed person determined to be a member of a vulnerable population shall be immediately removed from restrictive housing and moved to an appropriate placement elsewhere;
(8) A disciplinary sanction of restrictive housing imposed on a committed person who is subsequently removed from restrictive housing pursuant to this subsection shall be deemed completed;
(9) Except as otherwise provided in subsection (d), during a facility-wide lockdown, a committed person shall not be placed in restrictive housing for more than fifteen consecutive days, or for more than twenty days total during any sixty-day period;
(10) Cells or other holding or living space used for restrictive housing shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;
(11) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in restrictive housing by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill-building activities, and social interaction with staff and other committed persons, as appropriate;
(12) A committed person held in restrictive housing shall not be denied access to:
(A) Food, water, or any other necessity; and
(B) Appropriate medical care, including emergency medical care;
(13) Each committed person held in restrictive housing shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in restrictive housing to develop a plan of action to reduce the committed person's violations, return to the general population, and work on the committed person's rehabilitation; and
(14) A committed person shall not be released directly from restrictive housing to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public.
(b) Except as otherwise provided in subsection (d), a committed person who is a member of a vulnerable population shall not be placed in restrictive housing; provided that a committed person who is a member of a vulnerable population because the committed person is:
(1) Twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:
(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self‑harm or related conduct or threatening to do so; and
(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in restrictive housing; or
(2) Sixty years of age or older; has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing; or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternately be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in restrictive housing.
(c) A committed person shall not be placed in restrictive housing or in any other cell or other holding or living space, in any facility, whether alone or with one or more other committed persons, if there is reasonable cause to believe that there exists a risk of harm, harassment, intimidation, extortion, or other physical or emotional abuse to the committed person or to another committed person in that placement.
(d) The use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:
(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within six hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;
(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:
(A) A committed person shall not be held in emergency confinement for more than twenty-four hours; and
(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within six hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;
(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every six hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;
(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:
(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;
(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;
(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;
(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;
(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and
(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and
(5) The warden or the warden's designee determines that a committed person should be placed in restrictive housing pending investigation of an alleged disciplinary offense; provided that:
(A) The committed person's placement in restrictive housing is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;
(B) The committed person's placement in restrictive, disciplinary, or administrative segregation shall not revert to another form of segregation after the initial sanction has been served;
(C) A committed person's placement in restrictive housing pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and
(D) A committed person who has been placed in restrictive housing pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in restrictive housing. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.
(e) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(1) Establishing less restrictive interventions as alternatives to restrictive housing, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving restrictive housing that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, basic necessities, or legal assistance;
(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in restrictive housing; provided that the training:
(A) Is developed and conducted with assistance from appropriately trained and qualified professionals;
(B) Clearly communicates the applicable standards for restrictive housing, including the standards set forth in this section; and
(C) Provides information on the identification of developmental disabilities; symptoms of mental illness, including trauma disorders; and methods for responding safely to persons in distress;
(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in restrictive housing;
(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for restrictive housing;
(5) Requiring the posting of quarterly reports on the department's official website that:
(A) Describe the nature and extent of each correctional facility's use of restrictive housing and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in restrictive housing;
(B) Include the population of committed persons as of the last day of each quarter and a non‑duplicative, cumulative count of the number of committed persons placed in restrictive housing during the fiscal year;
(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit, as well as explanations for each instance of facility-wide lockdown; and
(D) Exclude personally identifiable information regarding any committed person; and
(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with the provisions of this section, including the requirement to use appropriate alternatives to restrictive housing for committed persons who are members of a vulnerable population.
(f) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation and evidence to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall thoroughly review all determinations regarding the imposition of restrictive housing for fairness, impartiality, alignment with best practices, and other factors the Hawaii correctional system oversight commission finds relevant, and shall issue quarterly reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state-contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty hours without proper adherence to the procedures outlined in this section.
(g) For the purposes of this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Member of a vulnerable population" means any committed person who:
(1) Is twenty-one years of age or younger;
(2) Is sixty years of age or older;
(3) Has a physical or mental disability, a history of psychiatric hospitalization, or recently exhibited conduct, including serious self-mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;
(4) Has a developmental disability, as defined in section 333F-1;
(5) Has a serious medical condition that cannot be effectively treated while the committed person is in restrictive housing;
(6) Is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy;
(7) Has a significant auditory or visual impairment; or
(8) Is perceived to be lesbian, gay, bisexual, transgender, or intersex.
"Restrictive housing" is defined as occurring when all of the following conditions are present:
(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;
(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and
(3) The committed person's activities, movements, and social interactions are severely restricted."
SECTION 3. No later than April 1, 2026, the department of corrections and rehabilitation shall:
(1) Develop written policies and implement procedures, as necessary and appropriate, for the review of committed persons placed in restrictive housing;
(2) Initiate a review of each committed person placed in restrictive housing during the immediately preceding fiscal year to determine whether the placement would be appropriate in light of the requirements of section 353- , Hawaii Revised Statutes; and
(3) Develop a plan for providing step-down and transitional units, programs, and staffing patterns to accommodate committed persons currently placed in restrictive housing, committed persons who may prospectively be placed in restrictive housing, and committed persons who receive an intermediate sanction in lieu of being placed in restrictive housing; provided that staffing patterns for correctional and program staff are set at levels necessary to ensure the safety of staff and committed persons pursuant to the requirements of this Act.
SECTION 4. No later than forty days prior to the convening of the regular session of 2027, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission a status report of the department's progress toward full compliance with this Act, along with draft copies of written policies and procedures undertaken pursuant to this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2077.
Report Title:
DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Restrictive Housing; Restrictions; Report
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
104 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that an overwhelming body of evidence shows that solitary confinement--which deprives inmates of meaningful human contact, including phone privileges that allow them to speak with loved ones--creates permanent psychological, neurological, and physical damage. The legislature notes that House Concurrent Resolution No. 85, H.D. 2, S.D. 1 (2016), requested the establishment of a task force to study effective incarceration policies to improve Hawaii's correctional system. The interim report of the task force, which was dated February 2017 and provided to the legislature, included an observation by the Vera Institute of Justice that the prevalence of incarcerated people having mental illness is at odds with the design, operation, and resources of most correctional facilities. Studies show that the detrimental effects of solitary confinement far exceed the immediate psychological consequences identified by previous research, such as anxiety, depression, and hallucinations. Unfortunately, these detrimental effects do not disappear once an inmate is released from solitary confinement. Even after release back into a community setting, a former inmate faces an elevated risk of suicide, drug overdose, heart attack, and stroke.
The legislature recognizes that as of 2021, legislation to ban or limit the use of solitary confinement in prison has been introduced in thirty-two states and the United States Congress. Further, twenty-four states have enacted statutes that limit or prohibit solitary confinement while other states have limited its use through administrative code, policy, or court rules. Some of these new laws, such as those enacted by Connecticut and Washington, reflect tentative and piecemeal approaches to change. However, most of the new laws represent significant reforms to existing practices and thus have the potential to facilitate more humane and effective practices in prisons and jails.
The legislature further finds that the revised United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as "the Nelson Mandela Rules" to honor the legacy of the late South African president, are based upon an obligation to treat all prisoners with respect for their inherent dignity and value as human beings. The rules prohibit torture and other forms of maltreatment. Notably, the rules also restrict the use of solitary confinement as a measure of last resort, to be used only in exceptional circumstances. Moreover, the rules prohibit the use of solitary confinement for a time period exceeding fifteen consecutive days and characterize this disciplinary sanction as a form of "torture or other cruel, inhuman or degrading treatment or punishment". Indeed, Nelson Mandela said he found solitary confinement to be "the most forbidding aspect of prison life" and stated that "[t]here was no end and no beginning; there's only one's own mind, which can begin to play tricks".
Accordingly, the purpose of this Act is to:
(1) Restrict the use of solitary confinement in state-operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the department of corrections and rehabilitation to develop written policies and procedures regarding solitary confinement by July 1, 2026;
(3) Require the Hawaii correctional system oversight commission to review certain housing placements;
(4) Require the department of corrections and rehabilitation to develop policies and procedures to review committed persons placed in solitary confinement and develop a plan for committed persons currently in solitary confinement by April 1, 2026; and
(5) Require a report to the legislature and Hawaii correctional system oversight commission.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Solitary confinement; restrictions on use; policies and procedures. (a) The use of solitary confinement in correctional facilities shall be restricted as follows:
(1) Except as otherwise provided in subsection (d), a committed person shall not be placed in solitary confinement unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;
(2) Except as otherwise provided in subsection (d), a committed person shall not be placed in solitary confinement for non-disciplinary reasons;
(3) Except as otherwise provided in subsection (d), a committed person shall not be placed in solitary confinement before receiving a personal and comprehensive medical and mental health examination conducted by a clinician;
(4) Except as otherwise provided in subsection (d), a committed person shall only be held in solitary confinement pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:
(A) An initial hearing held within twenty-four hours of placement in solitary confinement, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;
(B) Appear at the hearing;
(C) Be represented at the hearing;
(D) An independent hearing officer; and
(E) Receive a written statement of reasons for the decision made at the hearing;
(5) Except as otherwise provided in subsection (d), the final decision to place a committed person in solitary confinement shall be made by the warden or the warden's designee;
(6) Except as otherwise provided in this subsection or in subsection (d), a committed person shall not be placed or held in solitary confinement if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;
(7) A clinician shall evaluate on a daily basis each committed person who has been placed in solitary confinement, in a confidential setting outside of the committed person's cell whenever possible, to determine whether the committed person is a member of a vulnerable population. Except as otherwise provided in subsection (d), a committed person determined to be a member of a vulnerable population shall be immediately removed from solitary confinement and moved to an appropriate placement elsewhere;
(8) A disciplinary sanction of solitary confinement imposed on a committed person who is subsequently removed from solitary confinement pursuant to this subsection shall be deemed completed;
(9) Except as otherwise provided in subsection (d), during a facility-wide lockdown, a committed person shall not be placed in solitary confinement for more than fifteen consecutive days, or for more than twenty days total during any sixty-day period;
(10) Cells or other holding or living space used for solitary confinement shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;
(11) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in solitary confinement by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill-building activities, and social interaction with staff and other committed persons, as appropriate;
(12) A committed person held in solitary confinement shall not be denied access to:
(A) Food, water, or any other necessity; and
(B) Appropriate medical care, including emergency medical care;
(13) Each committed person held in solitary confinement shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in solitary confinement to develop a plan of action to reduce the committed person's violations, return to the general population, and work on the committed person's rehabilitation; and
(14) A committed person shall not be released directly from solitary confinement to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public.
(b) Except as otherwise provided in subsection (d), a committed person who is a member of a vulnerable population shall not be placed in solitary confinement; provided that a committed person who is a member of a vulnerable population because the committed person is:
(1) Twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:
(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self‑harm or related conduct or threatening to do so; and
(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in solitary confinement; or
(2) Sixty years of age or older; has a serious medical condition that cannot be effectively treated while the committed person is in solitary confinement; or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternately be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in solitary confinement.
(c) A committed person shall not be placed in solitary confinement or in any other cell or other holding or living space, in any facility, whether alone or with one or more other committed persons, if there is reasonable cause to believe that there exists a risk of harm, harassment, intimidation, extortion, or other physical or emotional abuse to the committed person or to another committed person in that placement.
(d) The use of solitary confinement in correctional facilities shall be permitted only under the following limited circumstances:
(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within six hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;
(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:
(A) A committed person shall not be held in emergency confinement for more than twenty-four hours; and
(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within six hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;
(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every six hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;
(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:
(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;
(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;
(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;
(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;
(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and
(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and
(5) The warden or the warden's designee determines that a committed person should be placed in solitary confinement pending investigation of an alleged disciplinary offense; provided that:
(A) The committed person's placement in solitary confinement is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;
(B) The committed person's placement in solitary, disciplinary, or administrative segregation shall not revert to another form of segregation after the initial sanction has been served;
(C) A committed person's placement in solitary confinement pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and
(D) A committed person who has been placed in solitary confinement pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in solitary confinement. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.
(e) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(1) Establishing less restrictive interventions as alternatives to solitary confinement, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving solitary confinement that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, basic necessities, or legal assistance;
(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in solitary confinement; provided that the training:
(A) Is developed and conducted with assistance from appropriately trained and qualified professionals;
(B) Clearly communicates the applicable standards for solitary confinement, including the standards set forth in this section; and
(C) Provides information on the identification of developmental disabilities; symptoms of mental illness, including trauma disorders; and methods for responding safely to persons in distress;
(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in solitary confinement;
(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for solitary confinement;
(5) Requiring the posting of quarterly reports on the department's official website that:
(A) Describe the nature and extent of each correctional facility's use of solitary confinement and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in solitary confinement;
(B) Include the population of committed persons as of the last day of each quarter and a non-duplicative, cumulative count of the number of committed persons placed in solitary confinement during the fiscal year;
(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any solitary confinement unit, as well as explanations for each instance of facility-wide lockdown; and
(D) Exclude personally identifiable information regarding any committed person; and
(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with the provisions of this section, including the requirement to use appropriate alternatives to solitary confinement for committed persons who are members of a vulnerable population.
(f) Following the initial hearing for the placement of an individual into solitary confinement, the department shall immediately notify and transmit all relevant documentation and evidence to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall thoroughly review all determinations regarding the imposition of solitary confinement for fairness, impartiality, alignment with best practices, and other factors the Hawaii correctional system oversight commission finds relevant, and shall issue quarterly reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as solitary confinement by the department or state-contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty hours without proper adherence to the procedures outlined in this section.
(g) For the purposes of this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Member of a vulnerable population" means any committed person who:
(1) Is twenty-one years of age or younger;
(2) Is sixty years of age or older;
(3) Has a physical or mental disability, a history of psychiatric hospitalization, or recently exhibited conduct, including serious self-mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;
(4) Has a developmental disability, as defined in section 333F-1;
(5) Has a serious medical condition that cannot be effectively treated while the committed person is in solitary confinement;
(6) Is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy;
(7) Has a significant auditory or visual impairment; or
(8) Is perceived to be lesbian, gay, bisexual, transgender, or intersex.
"Solitary confinement" occurs when all of the following conditions are present:
(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;
(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and
(3) The committed person's activities, movements, and social interactions are severely restricted."
SECTION 3. No later than April 1, 2026, the department of corrections and rehabilitation shall:
(1) Develop written policies and implement procedures, as necessary and appropriate, for the review of committed persons placed in solitary confinement;
(2) Initiate a review of each committed person placed in solitary confinement during the immediately preceding fiscal year to determine whether the placement would be appropriate in light of the requirements of section 353- , Hawaii Revised Statutes; and
(3) Develop a plan for providing step-down and transitional units, programs, and staffing patterns to accommodate committed persons currently placed in solitary confinement, committed persons who may prospectively be placed in solitary confinement, and committed persons who receive an intermediate sanction in lieu of being placed in solitary confinement; provided that staffing patterns for correctional and program staff are set at levels necessary to ensure the safety of staff and committed persons pursuant to the requirements of this Act.
SECTION 4. No later than forty days prior to the convening of the regular session of 2027, the department of corrections and rehabilitation shall submit to the legislature and Hawaii correctional system oversight commission a status report of the department's progress toward full compliance with this Act, along with draft copies of written policies and procedures undertaken pursuant to this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2026.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
DCR; Hawaii Correctional System Oversight Commission; Correctional Facilities; Committed Persons; Solitary Confinement; Restrictions; Report
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jul 3, 2025 | Act 292, on 07/03/2025 (Gov. Msg. No. 1395). |
| Jul 3, 2025 | Act 292, 07/03/2025 (Gov. Msg. No. 1395). |
| Jun 6, 2025 | Notice of intent to veto (Gov. Msg. No. 1301) |
| Jun 6, 2025 | Notice of Intent to veto dated 06/06/2025 (Gov. Msg. No. 1301) |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Alcos, Garcia, Kong, Muraoka voting no (4) and Representative(s) Cochran excused (1). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 84) as amended in (CD 1). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 84). |
| Apr 24, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Belatti, Tarnas, Lamosao, Hashem, Souza; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Iwamoto. |
| Apr 24, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Elefante, Rhoads, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Fukunaga, Fevella. |
| Apr 23, 2025 | Conference Committee Meeting will reconvene on Thursday 04-24-25 1:30PM in conference room 016. |
| Apr 22, 2025 | Received notice of Senate conferees (Sen. Com. No. 860). |
| Apr 22, 2025 | Conference committee meeting scheduled for 04-23-25 1:45PM; Conference Room 016. |
| Apr 22, 2025 | Senate Conferees Appointed: Elefante Chair; Rhoads, Moriwaki Co-Chairs; Fukunaga, Fevella. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 754). |
| Apr 17, 2025 | House Conferees Appointed: Belatti, Tarnas, Lamosao Co-Chairs; Hashem, Iwamoto, Souza. |
| Apr 10, 2025 | Received notice of disagreement (Sen. Com. No. 779). |
| Apr 10, 2025 | Senate disagrees with House amendments. |
| Apr 10, 2025 | Received from House (Hse. Com. No. 628). |
| Apr 8, 2025 | Passed Third Reading as amended in HD 3 with Representative(s) Iwamoto voting aye with reservations; Representative(s) Alcos, Garcia, Muraoka, Pierick voting no (4) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate. |
| Apr 4, 2025 | Forty-eight (48) hours notice Tuesday, 04-08-25. |
| Apr 4, 2025 | Reported from FIN (Stand. Com. Rep. No. 2014) as amended in HD 3, recommending passage on Third Reading. |
| Apr 2, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 15 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none. |
| Mar 31, 2025 | Bill scheduled to be heard by FIN on Wednesday, 04-02-25 3:30PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Mar 21, 2025 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran, Garrett, Kapela, Kitagawa, Ward excused (5). |
| Mar 21, 2025 | Reported from JHA (Stand. Com. Rep. No. 1447) as amended in HD 2, recommending referral to FIN. |
| Mar 19, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Shimizu; Ayes with reservations: Representative(s) Garcia; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Mar 17, 2025 | Bill scheduled to be heard by JHA on Wednesday, 03-19-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 13, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran, Holt, Ward, Woodson excused (4). |
| Mar 13, 2025 | Reported from PBS (Stand. Com. Rep. No. 1203) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 12, 2025 | The committee on PBS recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Belatti, Iwamoto, Ichiyama, Lamosao, Morikawa, Poepoe, Shimizu, Souza; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Hashem, Woodson. |
| Mar 6, 2025 | Bill scheduled to be heard by PBS on Wednesday, 03-12-25 10:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to PBS, JHA, FIN, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 84) in amended form (SD 2). |
| Mar 4, 2025 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC/WAM (Stand. Com. Rep. No. 984) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 19, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 19, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard. |
| Feb 14, 2025 | The committee(s) on JDC/WAM will hold a public decision making on 02-19-25 10:16AM; Conference Room 211 & Videoconference. |
| Feb 7, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. |
| Feb 7, 2025 | Reported from PSM (Stand. Com. Rep. No. 87) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM. |
| Jan 29, 2025 | The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 5 Aye(s): Senator(s) Elefante, Wakai, Fukunaga, Rhoads, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Jan 24, 2025 | The committee(s) on PSM has scheduled a public hearing on 01-29-25 3:00PM; Conference Room 225 & Videoconference. |
| Jan 16, 2025 | Referred to PSM, JDC/WAM. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 9, 2025 | Pending Introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
|
| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 8, 2025 | Third Reading | House Floor |
Passed |
|
| Apr 2, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Finance |
Passed |
|
| Mar 19, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Mar 12, 2025 | The committee on PBS recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Public Safety |
Passed |
|
| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
|
| Feb 19, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
|
| Feb 19, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Jan 29, 2025 | The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Public Safety and Military Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union of Hawaiʻi | ** Support | |
| Community Alliance on Prisons | ** Support | |
| Department of Corrections and Rehabilitation | ** Against | |
| Easterseals Hawaii | ** Support | |
| Hawaii Correctional System Oversight Commission | ** Support | |
| Hawaii Disability Rights Center | ** Support | |
| Hawaiʻi Friends of Restorative Justice | ** Support | |
| League of Women Voters of Hawaii | ** Support | |
| Office of Hawaiian Affairs | ** Support | |
| Office of the Public Defender | ** Support | |
| Stonewall Caucus of the Democratic Party of Hawaiʻi | ** Support |
CONFERENCE COMMITTEE REP. NO. 84
Honolulu, Hawaii
, 2025
RE: S.B. No. 104
S.D. 2
H.D. 3
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 104, S.D. 2, H.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO CORRECTIONS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) By July 1, 2026, restrict the use of restrictive housing in state-operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Establish a Restrictive Housing Legislative Working Group to develop and recommend more comprehensive laws, policies, and procedures regarding restrictive housing for members of vulnerable populations by September 1, 2027;
(3) Require the Hawaii Correctional System Oversight Commission to review restrictive housing placements on an annual basis;
(4) Authorize the Department of Corrections and Rehabilitation, by December 1, 2027, to implement policies and procedures recommended by the Restrictive Housing Legislative Working Group related to committed persons; and
(5) Require interim and final reports to the Legislature and Hawaii Correctional System Oversight Commission.
Your Committee on Conference finds that the overuse of restrictive housing, commonly known as solitary confinement, is a harmful practice within the prison system that is often excessively punitive in nature and contrary to the goal of rehabilitation. Your Committee on Conference further finds that limiting the application of restrictive housing to certain circumstances, coupled with establishing a working group to make recommendations regarding restrictive housing for vulnerable populations, is a critical step towards harm reduction and improving the overall outcomes of incarceration.
Your Committee on Conference has amended this measure by:
(1) Changing the date by which the Restrictive Housing Legislative Working Group shall make its recommendations to the Legislature and dissolve from September 1, 2027, to January 8, 2027;
(2) Changing its effective date to July 1, 2025; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 104, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 104, S.D. 2, H.D. 3, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE HOUSE |
|
ON THE PART OF THE SENATE |
|
____________________________ DELLA AU BELATTI Co-Chair |
|
____________________________ BRANDON J.C. ELEFANTE Chair |
|
____________________________ DAVID A. TARNAS Co-Chair |
|
____________________________ KARL RHOADS Co-Chair |
|
____________________________ RACHELE LAMOSAO Co-Chair |
|
____________________________ SHARON MORIWAKI Co-Chair |
|
|
|
|
STAND. COM. REP. NO. 2014
Honolulu, Hawaii
, 2025
RE: S.B. No. 104
S.D. 2
H.D. 3
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred S.B. No. 104, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO CORRECTIONS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Restrict the use of restrictive housing in state-operated and state-contracted correctional facilities, with certain exceptions;
(2) Require the Department of Corrections and Rehabilitation to develop policies and implement procedures regarding restrictive housing by July 1, 2026, and by April 1, 2026, develop policies and implement procedures to review committed persons placed in restrictive housing and develop a plan to step down current and prospective restrictive housing commitments;
(3) Require the Hawaii Correctional System Oversight Commission to review certain housing placements; and
(4) Require status reports on the Department of Corrections and Rehabilitation's progress toward full compliance of this measure.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Hawaii Correctional System Oversight Commission; Hawaii Disability Rights Center; Easterseals Hawaii; Hawaiʻi Friends of Restorative Justice; Community Alliance on Prisons; American Civil Liberties Union of Hawaiʻi; and three individuals. Your Committee received testimony in opposition to this measure from the Department of Corrections and Rehabilitation.
Your Committee has amended this measure by:
(1) Restricting the use of restrictive housing in correctional facilities by July 1, 2026;
(2) Deleting restrictions on the use of restrictive housing that do not comport with certain standards or best practices;
(3) Amending various durations, deadlines, and frequency relating to the placement of committed persons in restrictive housing during a facility-wide lockdown, in emergency confinement, or in medical isolation;
(4) Amending the prohibition on the placement of certain committed persons in restrictive housing except under certain conditions and deleting all references to members of a vulnerable population;
(5) Amending the requirements of mandatory periodic training of staff who interact with committed persons held in restrictive housing;
(6) Amending the scope of the Hawaii Correctional System Oversight Commission's review of restrictive housing placements and requiring annual, rather than quarterly, reports;
(7) Requiring a Restrictive Housing Legislative Working Group to be convened by August 1, 2025, to make recommendations by September 1, 2027, for restrictive housing for committed persons who are members of vulnerable populations, rather than requiring the Department of Corrections and Rehabilitations to develop policies and procedures regarding restrictive housing by July 1, 2026;
(8) Authorizing the Department of Corrections and Rehabilitation to implement the recommendations of the Restrictive Housing Legislative Working Group by December 1, 2027;
(9) Requiring interim and final reports to the Legislature and Hawaii Correctional System Oversight Commission; and
(10) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 104, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 104, S.D. 2, H.D. 3.
Respectfully submitted on behalf of the members of the Committee on Finance,
|
|
|
____________________________ KYLE T. YAMASHITA, Chair |
|
|
|
|
STAND. COM. REP. NO. 1447
Honolulu, Hawaii
, 2025
RE: S.B. No. 104
S.D. 2
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 104, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CORRECTIONS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Restrict the use of restrictive housing in state‑operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the Department of Corrections and Rehabilitation to develop written policies and implement procedures regarding restrictive housing by July 1, 2026;
(3) Require the Hawaii Correctional System Oversight Commission to thoroughly review certain housing placements;
(4) Require the Department of Corrections and Rehabilitation, by April 1, 2026, to develop written policies and implement procedures to review committed persons' placement in restrictive housing and initiate reviews and develop a plan regarding restrictive housing for committed persons; and
(5) Require the Department of Corrections and Rehabilitation to submit a report to the Legislature and Hawaii Correctional System Oversight Commission no later than forty days prior to the convening of the Regular Session of 2027.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Hawaii Correctional System Oversight Commission; Office of the Public Defender; Hawaii Disability Rights Center; Community Alliance on Prisons; Easterseals Hawaii; ACLU Hawaiʻi; League of Women Voters of Hawaii; and four individuals. Your Committee received testimony in opposition to this measure from the Department of Corrections and Rehabilitation.
Your Committee finds that there are insufficient restrictions, policies, and procedures on the use of restrictive housing in the State. Your Committee believes that this measure addresses this need by limiting certain restrictive housing practices and requiring the Department of Corrections and Rehabilitation to develop policies and procedures for restrictive housing.
Your Committee has amended this measure by:
(1) Clarifying that the prohibition on releasing a committed person held in solitary confinement directly into the community during the final one hundred eighty days shall not be interpreted to delay a committed person's scheduled release;
(2) Clarifying that a committed person's placement in restrictive housing; rather than restrictive, disciplinary, or administrative segregation; shall not revert to another form of segregation after the initial sanction has been served; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 104, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 104, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
STAND. COM. REP. NO. 1203
Honolulu, Hawaii
, 2025
RE: S.B. No. 104
S.D. 2
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Public Safety, to which was referred S.B. No. 104, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO CORRECTIONS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Restrict the use of restrictive housing in state‑ operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the Department of Corrections and Rehabilitation to develop written policies and implement procedures regarding restrictive housing by July 1, 2026;
(3) Require the Hawaii Correctional System Oversight Commission to thoroughly review certain housing placements;
(4) Require the Department of Corrections and Rehabilitation, by April 1, 2026, to develop written policies and implement procedures to review committed persons' placement in restrictive housing and initiate reviews and develop a plan regarding restrictive housing for committed persons; and
(5) Require the Department of Corrections and Rehabilitation to submit a report to the Legislature and Hawaii Correctional System Oversight Commission no later than forty days prior to the convening of the Regular Session of 2027.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Hawaii Correctional System Oversight Commission; Office of the Public Defender; American Civil Liberties Union of Hawaiʻi; Community Alliance on Prisons; Hawaiʻi Friends of Restorative Justice; League of Women Voters of Hawaii; Easterseals Hawaii; and five individuals. Your Committee received testimony in opposition to this measure from the Department of Corrections and Rehabilitation.
Your Committee finds that restrictive housing is a severe form of punishment that is closely associated with long-lasting psychological harm and poor post-release outcomes. Your Committee further finds that currently, there are concerns that any restrictions, policies, and procedures on the use of restrictive housing in the State may be insufficient. This measure attempts to address this need by limiting certain restrictive-housing practices and requiring the Department of Corrections and Rehabilitation to develop policies and procedures for restrictive housing.
Your Committee has amended this measure by:
(1) Changing its effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 104, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 104, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Public Safety,
|
|
|
____________________________ DELLA AU BELATTI, Chair |
|
|
|
|
STAND. COM. REP. NO. 984
Honolulu, Hawaii
RE: S.B. No. 104
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 104, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CORRECTIONS,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Restrict the use of restrictive housing in state‑ operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the Department of Corrections and Rehabilitation to develop written policies and procedures regarding restrictive housing by July 1, 2026;
(3) Require the Hawaii Correctional System Oversight Commission to review certain housing placements;
(4) Require the Department of Corrections and Rehabilitation to develop policies and procedures to review committed persons placed in restrictive housing and develop a plan for committed persons currently in restrictive housing by April 1, 2026; and
(5) Require a report to the Legislature and Hawaii Correctional System Oversight Commission.
Your Committees received testimony in support of this measure from the Hawaii Correctional System Oversight Commission, Office of Hawaiian Affairs, Stonewall Caucus of the Democratic Party of Hawaiʻi, Community Alliance on Prisons, ACLU of Hawaiʻi, and seven individuals.
Your Committees received testimony in opposition to this measure from the Department of Corrections and Rehabilitation.
Your Committees find that over the past few decades, the State has increasingly used solitary confinement, also known as "restrictive housing", to hold incarcerated people in isolation. Your Committees further find that solitary confinement that lasts more than fifteen consecutive days is recognized by the United Nations and various human rights organizations as torture. Additionally, the practice is especially devastating for people with mental illness who are disproportionately represented in solitary confinement, and may even bring on mental illness where it did not exist before. This measure will ensure that the State continues to support a rehabilitative and restorative model of corrections that is focused on reentry and reducing recidivism.
Your Committees have amended this measure by requiring that a committed person held in restrictive housing not be denied access to their legal counsel.
As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 104, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 104, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,
|
________________________________ DONOVAN M. DELA CRUZ, Chair |
|
________________________________ KARL RHOADS, Chair |
STAND. COM. REP. NO. 87
Honolulu, Hawaii
RE: S.B. No. 104
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 104 entitled:
"A BILL FOR AN ACT RELATING TO CORRECTIONS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Restrict the use of solitary confinement in state‑operated and state-contracted correctional facilities, with certain specified exceptions;
(2) Require the Department of Corrections and Rehabilitation to develop policies and procedures to review committed persons placed in solitary confinement and develop a plan for committed persons currently in solitary confinement by 4/1/2026 and to develop written policies and procedures regarding solitary confinement by 7/1/2026;
(3) Require the Hawaii Correctional System Oversight Commission to review certain housing placements; and
(4) Require a report to the Legislature and Hawaii Correctional System Oversight Commission.
Your Committee received testimony in support of this measure from the Hawaii Correctional System Oversight Commission, Office of Hawaiian Affairs, Office of the Public Defender, ACLU Hawaiʻi, Community Alliance on Prisons, Hawaii Disability Rights Center, Stonewall Caucus of the Democratic Party of Hawaiʻi, and seven individuals.
Your Committee received testimony in opposition of this measure from the Department of Corrections and Rehabilitation.
Your Committee received comments on this measure from two individuals.
Your Committee finds that instead of addressing the root causes of violence in prisons, solitary confinement is used as a catch-all for responding to disobedience and managing populations. This has created a cycle within carceral facilities where both violent and nonviolent behaviors are punished with more violence. Solitary confinement that lasts more than fifteen consecutive days is recognized by the United Nations and various human rights organizations as torture. This practice places incarcerated persons alone in cells for twenty-two to twenty-four hours per day with little or no human interaction or outside stimulus, often causing negative psychological reactions in all persons subjected to it. Solitary confinement is known to be especially devastating for people with mental illness who are disproportionately represented in solitary confinement. Solitary confinement can also bring on mental illness where it did not exist before.
Your Committee finds that in addition to being disproportionately inflicted on people with mental illness, solitary confinement is also disproportionately inflicted on people of color. In the State, Native Hawaiians continue to be disproportionately impacted by the criminal justice system, comprising only twenty per cent of the total population but forty per cent of the prison population. This measure will address this problem by restricting certain solitary confinement practices.
Your Committee further notes the testimony provided by the Hawaii Correctional System Oversight Commission regarding the appropriate language for describing this form of custody. "Restrictive housing" allows for a more broadened description than "solitary confinement" and conforms with current language utilized by the Department of Justice. The Department of Justice defines restrictive housing as any type of detention that involves:
(1) Removal from the general inmate population, whether voluntary or involuntary;
(2) Placement in a locked room or cell, whether alone or with another inmate; and
(3) Inability to leave the room or cell for the vast majority of the day, typically twenty-two hours or more.
Accordingly, your Committee has amended this measure by:
(1) Changing references to "solitary confinement" to "restrictive housing" throughout the measure;
(2) Inserting an effective date of July 1, 2077, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 104, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 104, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,
|
|
|
________________________________ BRANDON J.C. ELEFANTE, Chair |
Discussed in Hearing
3MIN
Conference Committee
2MIN
Conference Committee
10MIN
House Standing Committee on Finance
33MIN
House Standing Committee on Judiciary & Hawaiian Affairs
17MIN
House Standing Committee on Public Safety
17MIN
House Standing Committee on Human Services & Homelessness
7MIN
Senate Standing Committee on Public Safety and Military Affairs
Bill Author
Bill Co-Author(s):
