STAND. COM. REP. NO.  1432

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 219

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Public Safety & Military Affairs and Health, to which was referred S.B. No. 219, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CORRECTIONS,"

beg leave to report as follows:

     The purpose of this bill is to protect female inmates and their unborn babies by prohibiting the physical and mechanical restraint, including shackling and handcuffing, of inmates who are pregnant or in postpartum recovery, unless extraordinary circumstances exist.

     The House of Representatives member from the 38^th District; Hawaii State Democratic Women's Caucus; a County of Maui Councilmember; Healthy Mothers, Healthy Babies Coalition of Hawaii; The American Congress of Obstetricians and Gynecologists, Hawaii Section; Community Alliance on Prisons; American Civil Liberties Union of Hawaii; Planned Parenthood of Hawaii; National Association of Reformed Criminals; Alu Like, Inc.; Hawaii Women's Coalition; and The Drug Policy Action Group supported this bill.  The Department of Public Safety supported the intent of this bill.

     Your Committees have amended this bill by:

     (1)  During transport, prohibiting restraints of any kind on any committed female during any portion of her pregnancy, if her physician so orders; and

     (2)  Requiring that all treating physicians, midwives, or nurses be informed of the requirements of restraints as they relate to pregnant offenders; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Public Safety & Military Affairs and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 219, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 219, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Public Safety & Military Affairs and Health,

____________________________ RYAN I. YAMANE, Chair

____________________________ HENRY J.C. AQUINO, Chair