Report Title:

Programs for Offenders

 

Description:

Requires the department of public safety to develop and implement gender-responsive community-based programs for women offenders. (HB74 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

74

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CORRECTIONS.

 

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

SECTION 1. In recent years, the number of incarcerated women has increased at an alarming rate. Nationally, women are six per cent of the prison population. In Hawaii, however, women are eleven per cent of the prison population. While the male prison population doubled between 1985 and 1995, the female population tripled, largely due to harsh sentencing that incarcerates female nonviolent first-time drug offenders.

Research establishes that women inmates have different needs from male inmates, resulting in part from female offenders' disproportionate victimization from sexual or physical abuse and their responsibility for children. Women offenders are more likely to be addicted to drugs, have a mental illness, and have been unemployed before incarceration than male offenders.

Research establishes that the majority of women in prison are nonviolent and could be serving their time in community-based gender-responsive programs.

Research also indicates that correctional strategies that are gender-responsive and community-based are needed to give offenders the life skills they need to get out of the criminal justice system and to make positive healthy choices for themselves and their families.

Offenders need gender-responsive services that address substance abuse, family relationships, vocational education, work, prior victimization, and domestic violence. They also need transitional housing and aftercare services to help them adjust to living in the community and reuniting with their children and families.

For children, the most devastating effect of incarceration is the loss of contact with their primary caregiver. Half of these children never visit their primary caregiver in prison and the other half visit infrequently, with geographical proximity being the biggest barrier to visitation.

Because regular visits are the best indicator of a family's successful reunification after release, it is critical that gender-responsive community-based programs for offenders be close to children and family. Many of Hawaii's inmates are incarcerated outside of Hawaii, making visitation with family and children impossible or very difficult. Other problems associated with women offenders in Hawaii include: a lack of female correctional officers; under-service by the therapeutic community; drug courts being available only on Oahu and Maui; the decreasing availability of rehabilitation programs; and a paucity of gender-responsive community-based programs.

The legislature recognizes that the needs of incarcerated women are different from the needs of incarcerated men and require approaches tailored to their specific characteristics and situations.

The purpose of this Act is to appropriate funds to immediately provide additional gender-responsive community-based program beds for community status female offenders.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Gender-responsive community-based programs for women. Within the limits of money appropriated by the legislature specifically for the purpose, the department of public safety shall make available gender-responsive community-based programs for women offenders by providing women offenders the appropriate range of opportunities to ensure that their needs are met. Program models designed to address women's needs shall include:

(1) Appropriate treatment;

(2) Individualized case management to help women offenders set and achieve goals;

(3) Life skills development workshops, including budgeting, money management, nutrition, and exercise;

(4) Family-focused programming;

(5) Peer support and the development of peer networks;

(6) Highly skilled staff experienced in working with women and their concerns;

(7) Formal recognition of participant achievement;

(8) Ongoing attention to building community-based support;

(9) Assistance for those offenders needing to develop a marketable job skill;

(10) Geographical proximity to children and family; and

(11) The goal of providing a gender-responsive continuum of care."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          or so much thereof as may be necessary for fiscal year 2001-2002 and the sum of $           or so much thereof as may be necessary for fiscal year 2002-2003 to carry out the purposes of this Act.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2001.