Honolulu, Hawaii



RE:     S.B. No. 2520

        S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii




     Your Committee on Judiciary, to which was referred S.B. No. 2520, S.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to establish procedures for the use of administrative and disciplinary segregation in correctional facilities.


     Your Committee received testimony in support of this measure from the Community Alliance on Prisons, Hawaii Disability Rights Center, Hui Aloha Aina O Ka Lei Maile Alii, and eight individuals.  Your Committee received testimony in opposition to this measure from the Department of Public Safety and one individual.  Your Committee received comments on this measure from the Office of Hawaiian Affairs.


     Your Committee finds that administrative and disciplinary segregation is used on inmates who are either at risk of endangering themselves or others, or when inmates violate rules.  Your Committee believes that the use of administrative and disciplinary segregation requires clearly established guidelines in order to ensure the mental health and physical safety of inmates.  Administrative and disciplinary segregation can have harmful and long-lasting consequences on inmates, especially inmates with mental health issues.  Your Committee further finds that inmates with mental health issues are more likely to be placed in solitary confinement than other inmates, causing higher rates of recidivism throughout the State.  While the Department of Public Safety has policies on administrative and disciplinary segregation that are in accordance with current national best practices, your Committee believes that creating a minimum standard in statute helps ensure appropriate oversight of solitary confinement and provides better regulation on the use of administrative and disciplinary segregation.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2520, S.D. 1, and recommends that it pass Third Reading.


Respectfully submitted on behalf of the members of the Committee on Judiciary,