STAND. COM. REP. NO. 1363

Honolulu, Hawaii

RE: H.B. No. 1131

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Public Safety and Intergovernmental and Military Affairs and Higher Education, to which was referred H.B. No. 1131, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GENDER PARITY IN PROGRAMS FOR INCARCERATED WOMEN,"

beg leave to report as follows:

The purpose and intent of this measure is to require the University of Hawaii to conduct a comparative study of all programming offered to persons incarcerated at correctional facilities in the State for the purpose of identifying gaps in programming offered to female inmates.

Your Committees received testimony in support of this measure from the Department of Public Safety, Women's Prison Project, Stonewall Caucus of the Democratic Party of Hawai‘i, Rainbow Family 808, and one individual. Your Committees received comments on this measure from the Department of the Attorney General and University of Hawai‘i System.

Your Committees find that although existing law requires that female prisoners be provided a range and quality of programming substantially equivalent to the range and quality of programming offered to male persons who are similarly situated, parity does not appear to exist. This measure will assist the Department of Public Safety's efforts to create successful pathways for offenders as they re-enter the community by identifying inequalities in programming offered to inmates and addressing discrepancies offered to incarcerated women.

Your Committees note that the companion to this measure, S.B. No. 711, S.D. 2, which was previously passed by the Senate, ensures gender parity in programming offered to incarcerated women and men in the State. Your Committees conclude that the language in S.B. No. 711, S.D. 2, is preferable because it appropriates funds to the Hawaii Friends of Restorative Justice, instead of the University of Hawaii, to conduct a study of programming offered to persons incarcerated at correctional facilities, expands the scope of the study, and convenes a group of incarcerated women for the purpose of identifying gaps in programming offered to female inmates.

Accordingly, your Committees have amended this measure by deleting its contents and inserting the contents of S.B. No. 711, S.D. 2, a substantially similar measure, which appropriates funds to the Hawaii Friends of Restorative Justice as a grant to:

(1) Conduct a study of programming offered to persons incarcerated at correctional facilities; and

(2) Convene a group of incarcerated women for the purpose of identifying gaps in programming offered to female inmates.

Your Committees have amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Public Safety and Intergovernmental and Military Affairs and Higher Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1131, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1131, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Intergovernmental and Military Affairs and Higher Education,

________________________________ DONNA MERCADO KIM, Chair

________________________________ GLENN WAKAI, Chair