SCR 126: Requesting the dEPARTMENT of corrections and rehabilitation to incrementally AND SYSTEMATICALLY reduce the number of inmates incarcerated in private, out-of-state correctional facilities.

SENATE CONCURRENT

RESOLUTION

Requesting the dEPARTMENT of corrections and rehabilitation to incrementally AND SYSTEMATICALLY reduce the number of inmates incarcerated in private, out-of-state correctional facilities.

     WHEREAS, the State has relied on contracted private, for-profit, out-of-state correctional facilities to house a significant portion of the State's inmate population for more than two decades; and

     WHEREAS, inmates who serve their sentences in these out-of-state facilities are effectively exiled thousands of miles away from their families, friends, and crucial support networks; and

     WHEREAS, the adverse effects of incarcerating inmates outside the State were recognized by the Legislature and the former Department of Public Safety even before the State began the practice of contracting with private prisons on the mainland; and

     WHEREAS, when the Legislature passed Act 208, Session Laws of Hawaii 1994 (Act 208), which authorized the transfer of inmates to privately operated correctional facilities outside the State, it did so with the clear intent that the former Department of Public Safety would not transfer individuals with strong community ties to Hawaii; and

WHEREAS, this clear intent of the Legislature has largely been ignored over the last few decades, and concerns regarding the significant detrimental impact that interstate transfers would have on inmates have turned out to be true; and

WHEREAS, the problem of prison overcrowding continues to persist even though Act 208 was enacted specifically to alleviate this issue, and larger problems with the use of mass incarceration have increased since Act 208 was enacted; and

WHEREAS, it is imperative that the State phase out the practice of transferring inmates to privately-operated mainland correctional facilities; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Department of Corrections and Rehabilitation is requested to incrementally and systematically reduce the number of inmates incarcerated in private, out-of-state correctional facilities; and

     BE IT FURTHER RESOLVED that the Department of Corrections and Rehabilitation is requested to submit to the Legislature, no later than twenty days prior to the convening of the regular sessions of 2027, 2028, 2029, and 2030, a report of its progress in reducing the number of inmates incarcerated in private, out-of-state correctional facilities; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Director of Corrections and Rehabilitation.

Report Title: 

Inmates; Private, Out-of-state Correctional Facilities; Reduction

STAND. COM. REP. NO. 1461

Honolulu, Hawaii

RE:    S.C.R. No. 126

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.C.R. No. 126 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF CORRECTIONS AND REHABILITATION TO INCREMENTALLY AND SYSTEMATICALLY REDUCE THE NUMBER OF INMATES INCARCERATED IN PRIVATE, OUT-OF-STATE CORRECTIONAL FACILITIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Department of Corrections and Rehabilitation to incrementally and systematically reduce the number of inmates incarcerated in private, out-of-state correctional facilities.

     Your Committee received testimony in support of this measure from the Department of Corrections and Rehabilitation, Hawaii Correctional System Oversight Commission, Office of the Public Defender, and ACLU Hawaiʻi.

     Your Committee finds that when individuals are incarcerated out of state, the financial and logistical burdens on families, such as the cost of travel, time off work, and lodging, often render in-person visitation impossible.  This forced separation exacerbates emotional distress, weakens family bonds, and deprives individuals of a key stabilizing force necessary for their successful reintegration.  Research consistently shows that individuals who sustain familial relationships during incarceration experience lower recidivism rates and better post‑release outcomes.  Accordingly, this measure requests the Department of Corrections and Rehabilitation to initiate an appropriate plan to reduce the number of incarcerated people from the State being housed on the mainland in private correctional facilities.

     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 concurs with the intent and purpose of S.C.R. No. 126 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,