STAND. COM. REP. NO. 2762

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

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2520 entitled:

"A BILL FOR AN ACT RELATING TO CORRECTIONAL FACILITIES,"

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 Office of the Public Defender, Hawai‘i Friends of Restorative Justice, Community Alliance on Prisons, and six 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 one individual.

Your Committee finds that incarcerated individuals with mental health issues are more likely to be placed in solitary confinement than other incarcerated individuals. These individuals who have been placed in solitary confinement are found to have higher rates of recidivism, and even higher rates of recidivism if the individual has a mental health issue. Your Committee notes that while the Department of Public Safety participates with the American Correctional Association in standardizing its policies on administrative and disciplinary segregation according to current national best practices, your Committee believes that creating a minimum standard in statute helps ensure appropriate oversight of solitary confinement. This measure will provide the guidance and rules needed to better regulate the use of solitary confinement and segregation by the Department of Public Safety throughout the State.

Your Committee has amended this measure by:

(1) Defining the terms "indefinite", "prolonged", and "continuously"; and

(2) 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. 2520, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2520, 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,

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CLARENCE K. NISHIHARA, Chair