STAND. COM. REP. NO.1187

Honolulu, Hawaii

, 2001

RE: H.B. No. 71

H.D. 3

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Health and Human Services and Judiciary, to which was referred H.B. No. 71, H.D. 3, entitled:

"A BILL FOR AN ACT RELATING TO CORRECTIONS,"

beg leave to report as follows:

The purpose of this measure is to require the Department of Public Safety (PSD) to provide a range and quality of programming for female adult and juvenile offenders that is substantially equivalent to male inmates.

Your Committees received testimony in support of this measure from the PSD, Office of Youth Services (OYS), Hawaii State Commission on the Status of Women, Community Alliance on Prisons, TJ Mahoney & Associates, Out of Prison Services, Hawaii Youth Services Network, Hale Opio Kauai, Inc., Women's Legislative Caucus, and fourteen private citizens.

Current state law does not require parity in correctional rehabilitation programs for males and females. Testimony indicated that females comprise eleven per cent of Hawaii's inmate population, which is disproportionately high compared to the six per cent national average. Your Committees recognize that correctional programs and services were created for the male dominant population and can better reflect the needs of women offenders, including identification of issues of importance to women such as childhood abuse, early onset alcohol and drug abuse, poverty and homelessness, lack of job skills and employment, health problems and needs, and single motherhood.

Testimony of the PSD indicated that it is currently working on implementing gender responsive programs for female inmates, in consultation with a leading national expert. This measure ensures that practice is formalized into statute, and eases the administrative burden on the PSD by requiring a grant process to conduct the parity programs for female inmates.

Your Committees have amended this measure by:

(1) Clarifying that parity programs would be provided within the limits of money appropriated by the legislature; and

(2) Clarifying that the grant-in-aid would be for private agencies;

(3) Requiring an annual report to the legislature from the PSD and OYS on the grants made; and

(4) Providing immunity to the State from claims arising under the chapter.

As affirmed by the records of votes of the members of your Committees on Health and Human Services and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 71, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 71, H.D. 3, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Judiciary,

____________________________

BRIAN KANNO, Chair

____________________________

DAVID MATSUURA, Chair