HB1487 HD1.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	1487
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
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 ethnic 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 contract with a nationally respected and objective consulting firm to conduct a study on the disparate treatment of native Hawaiians and other ethnic groups in the state's criminal justice system.

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

(1) The extent of disparate representation of native Hawaiians and other ethnic groups in Hawaii's criminal justice system, focusing on conviction rates and sentencing outcomes, to include data from the entry point (911 calls, assessment, and arrest) to the actual process (court appearances, prosecutorial review, plea bargain, sentencing) and exit (parole, probation, and recidivism rates) of the criminal justice system;

(2) The causes of any disparities, including but not limited to Hawaii's sentencing policies and drug laws; and

(3) The barriers that disparate treatment poses to preventing recidivism and facilitating the offenders' successful re-entry into the community.

(c) All government agencies involved in the State's criminal justice system shall provide their full cooperation and all relevant data and other information to the office of Hawaiian affairs and its consultant during the planning and implementation of the study.

SECTION 3. The office of Hawaiian affairs shall submit, not later than twenty days prior to the convening of the Regular Session of 2010, the consultant's findings and recommendations, including any proposed legislation, for reducing disparate treatment of native Hawaiians and other ethnic groups in Hawaii's criminal justice system.

SECTION 4. 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 5. This Act shall take effect on July 1, 2009.