STAND. COM. REP. NO. 3445

Honolulu, Hawaii

RE: H.B. No. 1741

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Human Services and Public Safety, Intergovernmental, and Military Affairs, to which was referred H.B. No. 1741, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILDREN AND FAMILY OF INCARCERATED INDIVIDUALS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish a pilot Visitation and Family Resource Center located at Waiawa Correctional Facility on Oahu with trauma-informed professionals on its staff, who serve as liaisons and hookele for families affected by incarceration;

(2) Require the Department of Human Services to continue to lead a working group to address visitation and support needs of children and families of incarcerated individuals and submit a report to the Legislature before the 2023 Regular Session; and

(3) Appropriate funds.

Your Committees received testimony in support of this measure from Department of Public Safety, Department of Human Services, Community Alliance on Prisons, Hawai‘i Children's Action Network Speaks!, Blueprint for Change, Hawaii Youth Services Network, Hawai‘i Health & Harm Reduction Center, Rainbow Family 808, Early Childhood Action Strategy, Hawaii Association for Infant Mental Health, Family Programs Hawaii, Hawaii Substance Abuse Coalition, and fifteen individuals. Your Committees received comments on this measure from the Department of Budget and Finance and Office of Information Practices.

Your Committees find that children of incarcerated parents are some of the nation's most vulnerable and marginalized populations. Parental incarceration is noted as being a strong risk factor and determinant for many adverse outcomes for children, including antisocial and violent behavior, mental health problems, failure to graduate from school, and unemployment. Your Committees believe that the establishment of a Family Visitation and Resource Center that removes barriers and facilitates visitation to strengthen and reunify families with an emphasis on the well-being of the child, will not only be in the best interest of the children of incarcerated persons, but also the incarcerated parent, other family members, the community, and the State as a whole.

Your Committees note the testimony of the Office of Information Practices recommending clarification that the exemption provided to the working group under this measure is limited to part I of chapter 92, Hawaii Revised Statutes, that governs meetings held by certain public bodies, as known as the Sunshine Law, and not the entire chapter, which includes other matters, including authorization to charge for copies of government records.

Accordingly, your Committees have amended this measure by:

(1) Clarifying that the working group is exempt from part I of chapter 92, Hawaii Revised Statutes, rather than the entire chapter;

(2) Appropriating $305,000 to be expended by the Department of Human Services for the establishment of a pilot Visitation and Family Resource Center at Waiawa Correctional Facility on Oahu;

(3) Appropriating $115,000 to be expended by the Department of Public Safety for the establishment of a pilot Visitation and Family Resource Center at Waiawa Correctional Facility on Oahu; and

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

As affirmed by the records of votes of the members of your Committees on Human Services and Public Safety, Intergovernmental, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1741, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1741, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Human Services and Public Safety, Intergovernmental, and Military Affairs,

________________________________ CLARENCE K. NISHIHARA, Chair

________________________________ JOY A. SAN BUENAVENTURA, Chair