Report Title:

Restorative Justice Programs; Reduce Incarceration Rates

RESOLUTION

WHEREAS, statistics reveal that native Hawaiians have the worst incarceration rate of any ethnic group in Hawaii; and

WHEREAS, figures from the Office of Hawaiian Affairs data book reveal that about forty-six percent of all those incarcerated in correctional facilities in Hawaii are native Hawaiians. For juveniles the figures are even higher (fifty-one percent) while Hawaiians make up less than twenty percent of the overall population in Hawaii; and

WHEREAS, in 1998, according to figures available from the state Attorney General's office, the percentage of indexed crimes reported by police throughout Hawaii were as follows according to county:

Hawaii 10.6 12.0

Maui 11.2 10.1

and

WHEREAS, the Director of Public Safety has stated that eighty to ninety percent of Hawaii prisoners have substance abuse problems, and that twenty-five percent of the people who entered prison in 1999 did not commit new crimes but failed substance abuse urine tests while on probation or parole; and

WHEREAS, all over the world, and here in Hawaii, programs of restorative justice are being developed to find a better alternative than to lock up prisoners who could be rehabilitated; and

WHEREAS, the best program of restorative justice already exists here in Hawaii--the use of ho`oponopono and developing wellness centers on each island. Ho`oponopono is a process to make right broken relations and requires the positive support of family members; and

WHEREAS, authorities have indicated that alternatives need to be studied rather than building new prisons, or sending Hawaii's people -- po`e Hawaii -- to be incarcerated in prisons on the U.S. mainland; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2001, the House of Representatives concurring, that the Department of Public Safety, in consultation with the Department of the Attorney General and private groups such as the Ohana Ho`opakele, is requested to implement programs of restorative justice and establish wellness centers to reduce the rate of incarceration and increase opportunities for inmate rehabilitation, particularly among native Hawaiians; and

BE IT FURTHER RESOLVED that the Department of Public Safety is requested to take the following actions:

1. Accelerate the healing process of inmates, their families, and communities, particularly through the use of ho`oponopono;
2. Prevent young people from turning to criminal activity, assist them to lead productive lives in their communities, and help them to develop respect for native Hawaiian and other cultures; and
3. Assist inmates in the process of rehabilitation and returning to their communities without resorting to substance abuse or other destructive behaviors;

and

BE IT FURTHER RESOLVED that the Department of Public Safety is requested to report its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2002; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Public Safety, the Attorney General, and the Kahu of Ohana Ho`opakele.