STAND. COM. REP. NO. 568

 

Honolulu, Hawaii

                   

 

RE:     S.B. No. 608

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 608 entitled:

 

"A BILL FOR AN ACT RELATING TO CORRECTIONS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to define and create restrictions on the use of administrative segregation and disciplinary segregation in correctional facilities for the well‑being of prisoners.

 

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women, Community Alliance of Prisons, Hawaii Friends of Restorative Justice, Hoomanapono Political Action Committee, and four individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of Public Safety and two individuals.

 

     Your Committee finds that over the past four years, the Department of Public Safety has participated with the American Correctional Association in standardizing its policies on administrative and disciplinary segregation according to current national best practices.  The Department of Public Safety not only follows the standards set by the American Correctional Association but it also has instituted more cautionary practices.

 

     Your Committee further finds that while the Department of Public Safety has applicable standards in place, creating minimum standards in statute helps ensure appropriate oversight of important matters.

 

     Your Committee has amended this measure by:

 

     (1)  Adopting provisions listed in the American Bar Association's Standards for the Treatment of Prisoners for prisoners in administrative segregation;

 

     (2)  Inserting an effective date of July 1, 2050, 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, Intergovernmental, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 608, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 608, S.D. 1, and be referred to your Committee on Judiciary.

 

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

 

 

 

________________________________

CLARENCE K. NISHIHARA, Chair