HB1769

HOUSE OF REPRESENTATIVES	H.B. NO.	1769
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CORRECTIONAL FACILITIES.

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

SECTION 1. The legislature finds that Hawaii's long-standing reliance on incarceration, including the use of private, for-profit correctional facilities located outside the State, has caused significant harm to incarcerated persons, their families, and communities. The practice of transferring Hawaii inmates to the continental United States separates individuals from their ohana, culture, and support systems; undermines rehabilitation; and creates barriers to successful reentry. Findings of the House Concurrent Resolution No. 85 task force (task force) concluded that mass incarceration has not improved public safety, imposes high fiscal and social costs, and fails to address the underlying causes of criminal behavior.

The legislature further finds that the continued use of out-of-state private prisons weakens accountability, limits transparency, and prioritizes cost containment over rehabilitation and public safety. Reports and community testimony demonstrate that incarceration far from home increases trauma, disrupts family unity, and contributes to higher rates of recidivism. Consistent with the task force's recommendations, Hawaii must transition toward a corrections system that emphasizes treatment, rehabilitation, and community-based alternatives rooted in evidence-based and culturally responsive practices.

The legislature recognizes that Native Hawaiians and other disproportionately affected communities are overrepresented at every stage of Hawaii's criminal legal system and are more likely to experience incarceration, extended confinement, and out-of-state exile. These disparities reflect historical, structural, and systemic inequities, including the erosion of land, culture, and self-determination. The separation of Native Hawaiian inmates from their ʻaina, language, and cultural practices further compounds intergenerational harm. Addressing mass incarceration and ending the use of private, out-of-state prisons is necessary to advance racial equity; honor Hawaii's constitutional commitments; and promote healing, justice, and community well-being.

Therefore, the purpose of this Act is to require the director of corrections and rehabilitation to incrementally reduce the number of committed felons incarcerated in private, out-of-state correctional institutions.

SECTION 2. Section 353-16.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; [~~and~~] provided further that the transfer is either:

(1) In the interest of the security[,] or management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or

(2) In the interest of the inmate[.];

provided further that beginning on July 1, 2029, the director shall reduce the number of committed felons incarcerated in private, out-of-state correctional institutions by twenty-five per cent; provided further that beginning on July 1, 2031, the director shall reduce the number of committed felons incarcerated in private, out-of-state correctional institutions by fifty per cent.

As used in this section, "private, out-of-state correctional institution" includes any correctional institution outside the State operated for profit or under a public-private partnership."

SECTION 3. The department of corrections and rehabilitation shall submit a report to the legislature no later than twenty days prior to convening of the regular sessions of 2027, 2028, 2029, 2030, 2031, and 2032 on its actions and progress in meeting the reduction in the number of committed felons incarcerated in private, out-of-state correctional institutions as required by this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________