STAND. COM. REP. NO. 665

Honolulu, Hawaii

RE: S.B. No. 387

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 387, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ROOM CONFINEMENT OF CHILDREN AT DETENTION AND SHELTER FACILITIES,"

begs leave to report as follows:

The purpose and intent of this measure is to protect children and minors who are being confined at detention and shelter facilities by outlining specific conditions and time limits under which they may be confined.

Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Office of Youth Services, Hawaii Disability Rights Center, Hawai‘i Psychological Association, ACLU Hawai‘i, and one individual. Your Committee received comments on this measure from the Department of the Attorney General and the Office of the Public Defender.

Your Committee finds that room confinement of children and minors at detention facilities is not an effective deterrent for misbehavior, nor does it give youth the skills needed to behave differently in the future. Long periods of isolation have negative emotional consequences for youths and room confinement poses a safety risk, including the likelihood of self-harm, suicide, and retraumatizing youth who were already victimized. Both the United States Congress and the United States Department of Justice, along with numerous professional organizations, have taken strong positions against the isolation of youths. This measure will bring Hawai‘i in line with this growing body of politicians, courts, and psychological professionals to ensure the basic safety and protection of children and minors by establishing statutory limits on the use of room confinement at detention and shelter facilities.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 387, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair