STAND. COM. REP. NO. 1234

Honolulu, Hawaii

, 2021

RE: H.C.R. No. 171

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Corrections, Military, & Veterans, to which was referred H.C.R. No. 171 entitled:

"HOUSE CONCURRENT RESOLUTION RECOGNIZING AND SUPPORTING THE USE OF NATIVE CULTURE-BASED REHABILITATION IN THE STATE'S CORRECTIONAL SYSTEM,"

begs leave to report as follows:

The purpose of this measure is to urge the Department of Public Safety to recognize the value of culture-based rehabilitation activities in the State's correctional system.

Your Committee received testimony in support of this measure from the Department of Public Safety, Ohana Ho‘opakele, Native Hawaiian Legal Corporation, Kanaeokana, and four individuals.

Your Committee finds that studies have shown that the criminal justice system disproportionately impacts Native Hawaiians and that proactive policies and oversight are needed to alter that pattern. Your Committee further finds that cultural teachings such as hula and oli, the Hawaiian language, Hawaiian religious ceremonies, and other Native Hawaiian cultural practices and programs, can serve as tools for inmates to reclaim their dignity and reassert their connection to a sense of identity, and that culture-based rehabilitation activities should be encouraged and their value recognized.

Your Committee also finds that the Department of Public Safety supports this measure and indicated it would need assistance from the Office of Hawaiian Affairs and other indigenous Hawaiian groups to ensure it is taking the right path in implementing appropriate programs.

Your Committee has amended this measure by:

(1) Changing the title to "URGING THE DEPARTMENT OF PUBLIC SAFETY TO RECOGNIZE THE VALUE OF CULTURE-BASED REHABILITATION ACTIVITIES IN THE STATE'S CORRECTIONAL SYSTEM.";

(2) Noting the Native Hawaiian Legal Corporation's efforts in the Davis v. Abercrombie case to confirm the rights of Hawaii's prisoners to engage in traditional and customary practices while serving their sentences; and

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

As affirmed by the record of votes of the members of your Committee on Corrections, Military, & Veterans that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 171, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.C.R. No. 171, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Corrections, Military, & Veterans,

____________________________

TAKASHI OHNO, Chair