HOUSE OF REPRESENTATIVES

H.B. NO.

2160

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INCARCERATED PARENTS.

 

 

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

 


     SECTION 1.  The legislature finds that the National Resource Center on Children and Families of the Incarcerated reports that an estimated 2,700,000 children nationwide have at least one parent that is incarcerated.  Studies conducted by the National Fatherhood Initiative show that in terms of negative impacts on children, incarceration may be worse than the death of a parent or the divorce of parents.  Moreover, it is evidenced that children of incarcerated parents are more likely to become incarcerated themselves as teenagers or adults, thus continuing the "cycle of incarceration" that becomes generational in some families, and sadly, a reality for many in the State of Hawaii.

     The legislature further finds that the children of incarcerated parents are some of the nation's most vulnerable and marginalized populations.  Parental incarceration is noted as being a strong risk factor and determinant for many adverse outcomes for children, including antisocial and violent behavior, mental health problems, failure to graduate from school, and unemployment.  Parental incarceration is nationally recognized as an "adverse childhood experience" by Kaiser Permanente, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration and is distinguished from other adverse childhood experiences by the unique combination of trauma, shame, and stigma.  The prison environment can be frightening and traumatizing for children, both in the attitudes and behaviors of prison staff as well as the physical setting of approved visitation sites.  Visits can include long waits, body frisks, rude treatment, and exposure to crowded visiting rooms with no activities for children.  Such conditions do not encourage frequent visits between incarcerated parents and their children, with studies suggesting the maintenance of family ties and parent-child relationships is linked to post-release success, lower rates of recidivism, and fewer parole violations.

     Despite the efforts by Hawaii organizations serving children and families with an incarcerated parent, including development of mentoring and other types of social services aimed at this population of children, there continue to be major gaps in service, particularly because funding for these programs has never been established as a priority.  One reason is that data on children of incarcerated parents was just recently made available, and this was only due to legislative action in 2015.  The absence of data has meant there was not data to illustrate and justify the extent of the problem in Hawaii.  This is especially true for service providers who are trying to access federal funding that is programmed to assist children and families and break the cycle of incarceration.  In January 2014, the legislative keiki caucus established a working group to explore the issues surrounding children and families impacted by incarceration.  Called the family reunification working group, the group was comprised of representatives from several organizations and service providers, including Blueprint for Change, Hawaii Prisoners Resource Center, dba Holomua Center, the office of Hawaiian affairs, ALU LIKE, Inc., Queen Liliuokalani Children's Center, Keiki O Ka Aina Learning Centers, Family Programs Hawaii, Adult Friends for Youth, Community Alliance on Prisons, TJ Mahoney, Chaminade University's Native Hawaiian Program, and Makana O Ke Akua Clean and Sober Living.  It also included parents of children who have been affected by incarceration.  The group established two immediate priorities to work on, one of which was to develop a database of children in Hawaii impacted by incarceration, and during the past year the group explored various ways to collect the data needed to identify the number and basic demographics of these children.  Through this advocacy effort, data is now available detailing the number of children affected by parental incarceration in the State.

     The legislature believes that the establishment of a place of family visitation known as a visitation center is in the best interest and well-being of the child and, as studies suggest, may have many benefits for the incarcerated parent, the community, and the State.  The State's correctional system can benefit from visitation centers at all local correctional prisons and jails with the hope to strengthen, rebuild, and reunify children with their incarcerated parents and ensure the welfare and well-being of these children.

     While acknowledging concerns about funding, effectiveness, and public safety, there are working models that could be emulated and referenced for effectiveness and applicability.  One successful example is the visitation centers established in California by a non-profit organization that is funded by the California department of corrections and rehabilitation under legislative mandate.  The primary purpose of the visitation centers is to remove barriers and facilitate family visitation to strengthen and reunify families with an emphasis on the well-being of the child.  The California visitation centers are located on prison grounds but outside the prison walls.  They are staffed with employees trained to educate and inform children of their parents' incarceration through age-appropriate means, educate children and families on prison and jail policies to ensure they work with their incarcerated loved one to abide by and uphold state rules and regulations, connect children and families to resources in the community, and facilitate incarcerated parent-child relationships by addressing trauma during the period of incarceration.  The California visitation centers serve as a one-stop shop, which in most cases alleviates the demands put on that state's corrections department.

     The purpose of this Act is to:

     (1)  Acknowledge adverse experiences faced by children of incarcerated parents;

     (2)  Encourage continued efforts and engagement between the department of human services, department of public safety, the family reunification working group, and other community stakeholders;

     (3)  Require the establishment of visitation centers, with trauma-informed staff to serve as a liaison for incarcerated parents and their minor children, which are to be operated by a non-profit organization in cooperation with the department of human services and department of public safety and a plan for visitation centers at all state operated correctional facilities; and

     (4)  Appropriate funds for work necessary to establish, develop, and implement the visitation centers.

     SECTION 2.  Beginning July 1, 2018, the department of human services shall work with the department of public safety, the family reunification working group, and other entities serving children and families affected by parental incarceration to establish a pilot visitation center at one or more of the minimum correctional facilities located in the State, including Waiawa correctional center, Oahu community correctional center, and the women's community correctional center.  The visitation center or centers are to be operated by a non-profit organization in cooperation with the department of human services, department of public safety, and other community stakeholders.

     SECTION 3.  By July 1, 2019, the department of human services and the department of public safety, in conjunction with the family reunification working group and other entities serving children and families affected by parental incarceration, shall develop a plan for visitation centers at all state operated correctional facilities.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000 or so much thereof as may be necessary for fiscal year 2018-2019 for work necessary to establish, develop, and implement this Act.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Keiki Caucus; Incarcerated Parents; Pilot Visitation Centers; Appropriation

 

Description:

Requires the establishment of a pilot visitation center or centers for children of incarcerated parents in correctional facilities in the State and a plan for visitation centers at all state operated correctional facilities.  Appropriates funds to the department of human services to work with other stakeholders to implement this Act.

 

 

 

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