THE SENATE	S.B. NO.	2641
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE JUDICIARY.

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

SECTION 1. The legislature finds that, as of 2018, seventy-five per cent of incarcerated women in Hawaii had children. Previous surveys have shown that many women who are on parole are also mothers of minor children.

The legislature also finds that studies have clearly shown that when women in the criminal justice system are separated from their children, the experience has devastating impacts on the children's mental health and development. These impacts can increase the risk of multigenerational incarceration. The separation also has a destructive and traumatic impact on mothers.

The legislature further finds that incarceration of mothers that results in separation from their children has been well documented to have negative developmental and emotional effects on children. Early and secure attachment to a primary caregiver is the foundation of infant mental health and is essential for the development of the capacity to form healthy relationships. Children of incarcerated mothers often enter the foster care system, which is costly to the State and often traumatic for children. Research indicates that children of incarcerated mothers are at high risk for increased health problems, including developmental delays, attention deficit disorder, and behavioral issues. Incarcerated mothers may suffer depression and anxiety due to the trauma of separation from their children, making the mothers less able to benefit from rehabilitative services.

The legislature also finds that the number of programs that allow minors to remain with their mothers while the mothers are in treatment is limited and these programs have limited bed space, which results in wait lists for mothers seeking treatment. Funding of these programs will provide a resource for these programs to increase operations and bed space, which will, in turn, result in a greater number of mothers that can be served.

Accordingly, the purpose of this Act is to appropriate moneys for residential programs that allow minor children to remain with their mothers while the mothers participate in the program, to reduce the risk of trauma and multigenerational incarceration.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for residential programs that allow minor children to remain with their mothers while the mothers participate in the program, including:

(1) Community-based furlough programs;

(2) Residential drug treatment programs;

(3) Therapeutic community programs; and

(4) Mental health programs.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 3. This Act shall take effect on July 1, 2050.

Report Title:

Judiciary; Budget; Community-Based Furlough Programs; Residential Drug Treatment; Appropriation

Description:

Appropriates moneys for residential programs that allow minor children to remain with their mothers while the mothers participate in the program, to reduce the risk of trauma and multigenerational incarceration, including community‑based furlough programs, residential drug treatment programs, therapeutic community programs, and mental health programs. Effective 7/1/2050. (SD2)

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