SB560 SD2.DOC

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 a functioning democratic society requires the State to address these existing racial and ethnic disparities.

According to recent studies, native Hawaiians account for twenty per cent of the State's total population but forty per cent of its 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 establish a task force, within the office of Hawaiian affairs, on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system.

SECTION 2. (a) There is established, within the office of Hawaiian affairs for administrative purposes only, a task force on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system. The task force shall be comprised of eight members to be appointed without regard to section 26-34, Hawaii Revised Statutes, as follows:

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

(2) The director of public safety or the director's designee;

(3) The chief justice of the judiciary or the chief justice's designee;

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

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

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

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

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

(b) The task force shall conduct a study on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system, including but not 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

(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.

(c) In carrying out its duties under this Act, the task force on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system may request staff assistance from the office of Hawaiian affairs and other appropriate state departments or agencies. The task force may contract with or hire a private consultant, who shall be exempt from chapters 76, 78, and 89, Hawaii Revised Statutes, or a consulting firm to assist the task force in performing its duties as provided in this Act.

(d) The task force shall be exempt from chapter 92, Hawaii Revised Statutes; provided that the task force shall make a good faith effort to make its proceedings and work products accessible and available to the general public in a manner consistent with the intent of chapter 92, Hawaii Revised Statutes.

(e) The task force shall be exempt from the requirements of chapter 103D, Hawaii Revised Statutes.

(f) Members of the task force shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(g) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2010.

SECTION 3. The department of public safety, the judiciary, the Hawaii criminal justice data center, and any other state agency as requested are directed to cooperate with the task force in its research.

SECTION 4. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	560
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII