Report Title:

Children of Incarcerated Parents; Task Force; Support

Description:

Establishes a task force to develop programs and support services for children of incarcerated parents, as well as programs to strengthen the family bond. Requires the Department of Public Safety to implement the task force's recommendations.

THE SENATE

S.B. NO.

1031

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to public safety.

 

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

SECTION 1. A recent study estimates that there are more than three thousand persons currently incarcerated in Hawaii who are parents to nearly six thousand five hundred children. Nearly one-quarter of the state's felons are sent to mainland prisons and a number of inmates are incarcerated on an island that is different from their family home. As a result, Hawaii felons incarcerated in the state and on the mainland may receive fewer visits from their children than mainland inmates.

Recent studies on the children of incarcerated parents affirm the negative impact of parental incarceration on their children. When a parent is incarcerated, a child is at significantly greater risk for abuse and neglect. Additionally, the range of potential problems is broad: physical and mental problems; school difficulties; aggressive behavior; and even an increased likelihood of criminal behavior by the child.

The legislature finds that the problems of children whose parents are in prison must be addressed for humanitarian reasons and to break the cycle of crime and violence. Incarcerated parents also require support to maintain family relationships and integrate effectively and efficiently into society after their release. Accurate information about the number of incarcerated parents and their children and families must be gathered before these problems can be addressed.

To achieve these goals, the purpose of this Act is to:

(1) Establish a task force to identify and develop appropriate programs and services for children of incarcerated parents and to provide support for incarcerated parents, where appropriate; and

(2) Require the department of public safety to contract with various agencies and organizations to implement the programs identified and developed by the task force.

SECTION 2. (a) There is established within the department of public safety a task force to examine the options available to provide support services for children of incarcerated parents and to strengthen family bonds by providing appropriate services to incarcerated parents.

(b) The task force shall be comprised of the following members:

(1) The director of public safety or a designee;

(2) The deputy director of the corrections division of public safety;

(3) The administrator of intake service centers of the department of public safety;

(4) The institutions division administrator of the community correctional centers;

(5) The director of health or a designee;

(6) The director of human services or a designee;

(7) The executive director of the office of youth services or a designee;

(8) A representative of the family court of the first circuit court;

(9) The director of the children's justice center of Oahu;

(10) The superintendent of education or a designee;

(11) The attorney general or a designee;

(12) A representative of child protective services;

(13) A representative of the law enforcement community;

(14) A public member representative of incarcerated parents; and

(15) A public member with experience in working with children of incarcerated parents.

(c) The task force shall examine the policies, procedures, and operations of state correctional facilities and develop recommendations to:

(1) Determine accurate demographic data on the families of incarcerated parents, including custody, caregiving arrangements, and needed services;

(2) Provide the appropriate, necessary support services or programs to children of incarcerated parents; and

(3) Strengthen the family bond between children and parents, that may include providing support services or programs to the incarcerated parent, involving parents in decisions concerning their children's care, and enabling family visits to the incarcerated parent.

(d) The task force shall submit its findings and recommendations, including any necessary legislation, twenty days prior to the convening of the regular session of 2006.

(e) The task force shall cease to exist on June 30, 2006.

(f) No later then six months after the task force has submitted its findings and recommendations to the legislature, the department of public safety shall take steps to implement programs for children of incarcerated parents, as well as programs for incarcerated parents, pursuant to the recommendations of the task force. The department shall contract with nonprofit health and human service agencies, communities of faith, and other relevant agencies or organizations to establish and implement the recommended programs or services.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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