RESOLUTION

WHEREAS, the number of incarcerated women has increased dramatically over the past two decades, with women prisoners growing at a faster rate than incarcerated men;

WHEREAS, for example, from 1985 to 1995, the female prison population tripled, while the male population doubled, with the result that women now constitute 6.9 per cent of prisoners nationally and 11.99 per cent locally; and

WHEREAS, from 2001 to 2004, the number of female parole violators rose thirty per cent, while male parole violators rose only 18.3 per cent; and

WHEREAS, correctional systems are traditionally designed to meet the needs and characteristics of men, and as a consequence, the availability of programs for female offenders and the types of services offered fall far short of what is needed; and

WHEREAS, to address the in-prison and post-release needs of women, including the cycle of recidivism, it is critical to consider women's circumstances prior to, during, and immediately following incarceration; and

WHEREAS, as a fundamental matter, most women who enter prison do so from a background of extreme social and economic disadvantage, impacted by factors such as high unemployment rates, substance abuse, complex mental health needs, poor education, social exclusion, and sexual and domestic violence; and

WHEREAS, the increasing number of incarcerated females is not due to increased criminality but to factors such as simplistic, punitive enforcement responses to complex social problems, the war on drugs, and federal and state mandatory sentencing laws, and accordingly, the majority of women in prison are nonviolent, do not pose a risk to public safety, and could be serving their time more effectively in community based programs; and

WHEREAS, the majority of women in the correctional system are mothers of minor children and a major consideration for them is reunification with their children; and

WHEREAS, while the most devastating effect of incarceration for children is the loss of contact with their primary caregiver, half of these children never visit their primary caregiver in prison and the other half visit infrequently, with geographical proximity being the biggest barrier to visitation; and

WHEREAS, because girls in juvenile justice facilities are at risk of becoming women in the criminal justice system, it is necessary to look at the needs of girls at risk, considering interconnected factors such as family relationships, sexual or physical abuse, school problems, early sexual activity, teen pregnancy, association with delinquent peers and gangs, mental health needs, substance abuse, and the need for physical and emotional security and positive female role models; and

WHEREAS, to assist their reintegration into the community and intervene in the cycle of offending and re-offending, female offenders need gender responsive and community based strategies that start as soon as the female begins serving her sentence and continue throughout transition to the community; and

WHEREAS, correctional systems need to provide females in the system with gender responsive services that create an environment through site selection, staff selection, and program and service development that reflects an understanding of the realities of women's lives and addresses the specific issues of participants; and

WHEREAS, these programs and services should address, among other things, appropriate screening and assessment of the needs of individual clients along with a range of services designed to meet those needs, including services addressing substance abuse; physical and mental health; prior victimization; domestic violence; least restrictive appropriate alternatives to secure custody; family relationships and reunification; parenting skills; child welfare; education; transportation; housing; peer support; and employment training, search, and retention; and

WHEREAS, female offenders also need transitional support to ease the transition from custody to community, including transitional housing, and aftercare and other services to help them maintain a safe home, find and keep a stable job, and maintain strong community and family ties; and

WHEREAS, imprisoned women and adjudicated juvenile females offenders and delinquents should be afforded the range and quality of programming and services substantially equivalent to the range and quality of programming and services offered to males who are similarly situated; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Auditor, with cooperation from the Director of Public Safety, is requested to conduct a cost analysis to evaluate the fiscal impacts to the State of providing for incarcerated females in the State's correctional system, including women prisoners and adjudicated juvenile female offenders and delinquents, community based and gender responsive services that are in the range, quality, and proportionate quantity of programming and services substantially equivalent to the range, quality, and quantity of programming and services offered to males who are similarly situated; and

BE IT FURTHER RESOLVED that the Auditor is requested to report any findings and recommendations to the Legislature no later than twenty days prior to the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and the Director of Public Safety.

Report Title:

Corrections; Parity for Female Prisoners