0Report Title:

Public Safety; Study of Disparate Treatment; Appropriation; Native Hawaiians

Description:

Requires the office of Hawaiian affairs to conduct a study on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system; makes an appropriation.

THE SENATE	S.B. NO.	560
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to public safety.

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

     SECTION 1.  The legislature finds that the over-representation of native Hawaiians in the criminal justice system is an issue that has not been adequately addressed. 

     The legislature further finds that any racial or ethnic disparity within the State's criminal justice system fosters public mistrust of the system and impedes the State's ability to promote public safety.  A commitment to a fair criminal justice system and functioning democratic society requires addressing these existing racial and ethnic disparities. 

     According to recent studies, native Hawaiians account for twenty per cent of the total population but forty per cent of the prison population.  Native Hawaiians average twenty-three per cent of all arrests in the State, and are twice as likely to be incarcerated as any other group.  In 1999, it was reported that more than fifty per cent of the female population and more than sixty per cent of the male population, at the Hawaii Youth Correctional Facility were native Hawaiian. 

     The high rates of incarceration have profound implications for native Hawaiians.  For example, almost sixty per cent of children placed in child protective services are native Hawaiian.  Of those children, eight per cent to thirty-three per cent have incarcerated parents.  Studies suggest that adult children of incarcerated mothers are two and one-half times more likely to be incarcerated than adult children of incarcerated fathers.  Ninety-five per cent of the one hundred twenty female Hawaii inmates incarcerated at a single mainland facility are mothers. 

     Incarceration has many long-term effects including negative impacts on health, family instability, diminished lifetime wages, social stigma, and educational limitations.  These negative impacts result in higher rates of illness and death. 

     The purpose of this Act is to conduct a study on the extent, nature, and impact of disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system.

     SECTION 2.  (a)  The office of Hawaiian affairs shall conduct a study on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system.

     (b)  The following members shall jointly contribute to the study:

     (1)  The administrator of the office of Hawaiian affairs or the administrator's designee;

     (2)  The dean of the William S. Richardson School of Law, University of Hawaii at Manoa or the dean's designee;

     (3)  The president of Alu Like, Inc. or the president's designee;

     (4)  The president of the American Civil Liberties Union of Hawaii or the president's designee;

     (5)  The executive director of the Justice Policy Institute or the executive director's designee; and

     (6)  The president of the Queen Liliuokalani Children's Center or the president's designee.

     (c)  The study shall include but not be limited to:

     (1)  Identifying the stages in the criminal justice system with a disproportionate representation of native Hawaiians and other ethnic groups.  The stages shall include the:

         (A)  Entry point, whether emergency call or arrest;

         (B)  Court processes, including court appearances, prosecutorial review, plea bargains, and sentencing; and

         (C)  Exit from incarceration, including parole, probation, and recidivism rates;

     (2)  Assessing the decision points in the stages identified to determine where disparities occur;

     (3)  Identifying the cause for the disparities and the extent to which they are related to legitimate public safety objectives, including sentencing policies, drug laws and policies, and the availability of appropriate intervention and treatment options; and 

     (4)  Identifying methods of recidivism prevention and facilitating offenders' successful reentry into the community.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $15,000 or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the purposes of this Act, provided that no funds shall be made available under this Act unless the office of Hawaiian affairs provides a matching amount for the purpose for which these sums are appropriated.

     The sums appropriated shall be expended by the office of Hawaiian affairs for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2009.

INTRODUCED BY:

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