HAWAII'S PRISON CRISIS
As a member of the Community Alliance on Prisons, A Woman's Voice,
joined in the legislative effort to remedy the blight that exits in
the Hawaiian Islands. The legislature heard the following testimonies
during the 2005 session.
Synopsis on the Current Situation:
- While there are eight times as many men in Hawai'i prisons as women,
the number of women going to prison is rising faster.
- From 1/1/2001 to 1/19/2004 the number of female inmates in state facilities
grew by 32.8% while the male population rose 9.8%.
- From 1/1/2001 to 1/19/2004 the number of female parole violators rose
30%, while male parole violators rose 18.3%.
- These startling numbers are a clarion call to the Legislature that
women and girls are not being appropriately treated.
- Women's and girl's pathways to crime are different than those of men
and boys. This needs to be addressed by creating a gender responsive
environment at the Women's and Children's prisons.
- Public Safety Department (PSD) reported that most of the women are
inmates with no misconducts or nonviolent misconducts in the last 6
months.
- Department Human Services (DHS) stated at a public meeting that none
of the girls in Hawai'i Youth Correctional Facility) HYCF should be
in prison.
- PSD reported that 60% of women offenders on Oahu have at least 1 child.
- Research shows that girls with mothers in prison are at high risk
for following their mother's footsteps.
- There have been several mothers and daughters serving time in Women's
Community Correctional Center (WCCC) together.
- Because of the Adoption and Safe Families Act, which says that children
must be permanently placed within 15-22 months and women serve an average
sentence of 2 years and 2 months, many women's parental rights are being
terminated and they are losing their children.
- The majority of women in our correctional system are nonviolent and
pose no threat to public safety. In 2000, PSD said that 99% of the women
could be better served in community-based programs.
Impact of Proposed Legislation:
- This is a cost effective measure and will save the state money by
restoring inmates to productive and responsible citizens (as evidenced
by our track record of 68% of residents staying out of prison after
3 years).
- The collateral savings are great as well, because of the fact that
a majority of incarcerated women are mothers and the majority of these
moms have minor children.
- Helping these moms get on track with their lives will help reduce
the ever-mounting costs of our health, human services and education
budgets through rebuilding families.
- Additionally, it will address the prison overcrowding we are experiencing
and give community custody inmates who do not pose a threat to public
safety, a chance to build solid foundations for themselves before reentering
the community.
- These individuals, having built this solid foundation, will be much
less likely to turn back to lives of crime.
- This will interrupt the revolving door and the inter-generational
cycle of addiction, crime, and incarceration.
- Over 600 women are currently incarcerated here in Hawaii or in our
mainland beds.
- On Oahu we have only 36 community beds (contracted with T.J. Mahoney
& Associates) to help women reintegrate from prison to the community.
- Current prison conditions for women include overcrowding, lack of
programs or access to programs which will help women successfully transition
into the community.
Incarcerating nonviolent substance abusing women incurs huge economic
and social costs, including the following:
Tremendous impacts on families (the majority of incarcerated women are
mothers and the majority of those mothers have children under the age
of 18 years).
Problems and dysfunction are /become inter-generational Social service
systems are taxed tremendously.
Educational systems are impacted (children of incarcerated parents have
multiple needs and issues that are complex)
- The great majority of women inmates will be released to the community
and need skills and tools for successful transition.
- Benefits of Community Based Programming:
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Provides structure, monitoring and accountability.
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Gives women tools and a setting to practice pro-social,
responsible living.
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Instills values and beliefs which allow women to overcome
obstacles while clean and sober.
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Addresses the multiple needs of offenders (employment,
life skills, counseling, treatment).
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- Successful outcomes of gender-responsive community based programming:
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Department of Public Safety (August 2004) numbers
indicate that after 3 year (benchmark for recidivism), 68% of women
having completed the T.J. Mahoney program (fiscal year 2000-2001)
did not return to prison.
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COMMITTEE: WAYS AND MEANS
SB 467 SD1 PARITY FOR FEMALE OFFENDERS
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My name is Kat Brady and I am the Coordinator of Community Alliance
on Prisons, a grassroots coalition of community organizations,
scholars, churches, service provide ex-offenders, families of
inmates, and concerned citizens working to develop effective interventions
for Hawai'i's nonviolent offenders. I am also Chair of the Honolulu
County Committee on the Status of Women and an active member of
the Hawai'i Women's Coalition.
SB 467 SD1 requires that the range and quality of programming
offered to women in corrections be substantially equivalent to
the range and quality of programs offered to males and requires
the office of youth services to develop and implement gender responsive
community based programs for adjudicated females. The bill appropriates
funds to accomplish this important purpose.
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Community Alliance on Prisons strongly supports this resolution. We have
been working for six years to address the needs of Hawai'i's female offenders.
Women's and girl's pathways to crime are very different from men's and
boys'. Hawai'i must develop programmatic approaches based on theories
that fit the psychological and social needs of women and girls.
PSD statistics show that the number of female parole violators rose 30%
from 1/1/01 to 1/19/04, while male parole violators rose 18.3% for the
same period. We are only greasing the revolving door by NOT providing
appropriate services for female offenders. The female parole violator
statistics will continue to increase if we don't address the needs of
women, since the majority of the incarcerated women have substance abuse
and mental health problems that go untreated while they are incarcerated.
This is what a gender responsive environment would provide:
- a safe, supportive, and nurturing female-centered place that encourages
trust, bonding, and connection -- vital elements to a female's recovery
and rehabilitation; a strength or asset-based approach to treatment
and skill building;
- activities that focus on empowerment and self-efficacy;
- space for a child-friendly environment with age-appropriate activities
designed for moms and children to interact;
- an ongoing staff-training program to encourage all workers who interact
with women and girls to support their recovery and rehabilitation.
What helps women and girls rehabilitate are relationships with people
who care and who can be trusted, supportive role models, well-trained
staff, proper mediation, inmate-centered programs, job training, education,
substance abuse and mental health treatment, and parenting classes.
All of this requires a safe and supportive environment for women and
girls to thrive.
PSD has had a Gender Responsivity policy in their Policies and Procedures
since 2002, but the women at WCCC are still under served. Essentially,
good programming would be far-reaching in that it will assist women
in preparing for a successful post-prison life, and it will benefit
their families and our communities. Adequately treating women will have
a positive effect on their children and, hopefully, keep them out of
the criminal justice system.
The Department knows what the women need to succeed. In March of 2000,
a team from the Community Advisory Board for Female Offenders conducted
a survey at WCCC. We interviewed 205 of the 241 women incarcerated at
that time. The overwhelming recommendations from that survey were for
more access to medical care, better access to their social workers and
case managers, college-level educational courses, and training for jobs
such as plumbing, electrical work, and construction. The results showed
that the majority of women want to change their lives, but lack the
tools to make that happen. While they are a captive audience, we should
be doing all we can to ensure that they will become productive and contributing
members of our community.
- Work release programs benefit both the inmate and the state.
- The work line at the Women's Community Correctional Center has been
cleaning Kailua Peach Park and maintaining the lovely landscaping they
designed at the entrance of Kailua.
- This work encouraged The Outdoor Circle to develop a landscaping program
and environmental education classes at WCCC.
- Two graduates of the landscaping and environmental education program
have gotten landscaping jobs upon release.
- Work lines from Oahu Community Correctional Center (OCCC) clean the pools
at the State Capitol.
- Work release programs help an inmate's reintegration into the community.
- Work release programs help the community see that inmates are just like
them, which dispels the stereotypes of 'scary' inmates people see they
are daughters, moms, sisters, etc.
- Women inmates at WCCC need more work line or work release opportunities
since programming is limited at that prison.
- Work lines/work release ease the difficult transition for offenders reentering
the community.
Kat Brady, Coordinator
Community Alliance on Prisons
76 North King Street, Suite 203
Honolulu, Hawaii 96817
phone: (808) 5333454
cell: (808) 927-1214
SUPPORT OF HB 1750 SD 1 APPROPRIATION FOR COMMUNITY BASED
REINTEGRATION PROGRAMS FOR FEMALE OFFENDERS
Dear Chair Taniguchi, Vice Chair and Members of the Committee:
My name is Carrie Ann Shirota, and I am an attorney, writing in
strong support of HB 1750 SD1. I am also a member of Community
Alliance on Prisons ("CAP"). CAP is a grass roots working
group comprised of community groups, churches, ex-offenders, scholars,
and families, united in the common goal of increasing effective
programs for inmates both inside prisons and continuing upon release.
Transitional programs that help women coming out of prison to
successfully reintegrate into the community have met with great
success. For example, in Hawai'i, T.J. Mahoney& Associates,
offers a transitional program for female offenders reentering
the community. According to the Department of Public Safety statistics,
sixty-eight per cent of women who have completed the T.J. Mahoney
& Associates program, Ka Hale Ho 'ala Hou No Na Wahine, over
a three year period did not return to prison. This is in stark
contrast to the general rates of recidivism for Hawaii's inmates
that range from 51-80%.
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Currently, there is a lack of adequate programs or access to programs
that can assist female offenders in successfully transitioning back into
the community. For example, as a former Public Defender, I represented
numerous clients at parole and parole revocation hearings. On numerous
occasions, the Hawai'i Paroling Authority (HPA) denied parole because
inmates had failed to complete the programming recommended by the HPA
not because they refused to take the courses, but because the classes
were full, and they were placed on lengthy wait lists.
The Department of Public Safety's 10 Year Corrections Master Plan acknowledged
the lack of adequate substance abuse treatment provided within our prisons.
"As of December of 2003, the PSD reported that 2,690 males (54% of
2003 ADP) and 347 females (52% of 203 ADP) were identified as being in
need of substance abuse treatment." However, the report also indicated
that the "system's total treatment capacity at one time is 424 inmates
(14% of need) compared to the total identified need of 3037 inmates"
(emphasis added). See, Final Report 10 Year Corrections Master Plan Update,
Appendix B, B-2. Given that the vast majority of female offenders have
committed nonviolent crimes and have drug addictions, the failure to address
the underlying substance abuse issues is costly, and sets up these women
for failure upon their release.
Numerous studies indicate that job preparedness' training and classes
are vital elements for successful reintegration of criminal offenders
into the community. Upon their release, former inmates will be excluded
from various jobs because of their conviction records. The Department
of Public Safety's Final Report 10 Year Corrections Master Plan acknowledged
the lack of job preparedness training and classes within its facilities.
For example, the Final Report concluded that "the four county CCCs
remain the most deficient in this area (computer equipment for classrooms
and labs for both academic and vocational education) due to their overcrowding
and lack of adequate space." As a result, the "lack of space
limits the ability to provide `job preparedness' training and classes,
which has been proven to be a vital element for successful reintegration
of criminal offenders." See, Final Report, Appendix B, B-4. Furthermore,
the Report noted that although "many states have had success in
engaging in private sector industries to establish operations inside
prisons and jails," "this appears to be an area in which the
PSD has not yet established any such relationships but should be given
consideration." See, Final Report, Appendix B, B-4. Without providing
job preparedness' training, classes, and work opportunities while incarcerated
to form links with employers upon their release, many inmates will return
to prison again and again.
Finally, the Department of Public Safety reports that from January 1,
2001 to January 19, 2004, the number of female parole violators rose
30%, while male parole violators rose 18.3 %. Although the reasons for
revocation vary, decades of research demonstrates that revocation and
recidivism rates are greatly decreased when inmates are provided with
support services and programming to assist in their transition from
prison to the community. Once released from prison, inmates face a number
of "collateral consequences" that they are ill-prepared to
deal with housing restrictions, limited job opportunities that provide
living wages, educational loan restrictions the very issues that reintegration
programs are designed to address.
HB 1750 SD 1 would fill a void by appropriating funds for community based
programs such as kA Hale Ho'ala Hou NA Wahine that assist female offenders
in successfully transitioning from prison back into our community. Please
support the passage of HB 1750. Mahalo for this opportunity to testify.
Sincerely,
Carrie Ann Y. Shirota
Attorney at Law
P.O. Box 22929
Honolulu, HI 96823-2929
phone: (808)294-4159
COMMITTEE: JUDICIARY AND HAWAIIAN AFFAIRS
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Aloha members of the committee.
My name is Alice Bratton and I am the founding director of A Woman's
Voice International.
We are a nonprofit human rights organization working to defend the
dignity of women worldwide.
I am a member of the Community Alliance on Prisons and also a volunteer
at various prison facilities here in the Hawaiian Islands.
I welcome the opportunity to express my strong support in favor
of this legislation for the following reasons:
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A New Orientation Needed:
It appears obvious that if the greatest needs and deficits of the female
population are not addressed while they are incarcerated, the likelihood
that they will be "punished into" becoming productive members
of society remains, at best, guarded. We must keep in mind that "female
offenders that are returned to the streets facing the same issues they
faced when they were sentenced have little choice but to use the same
survival tactics that precipitated their incarceration".
A Needed Paradigm Shift:
Rehabilitation was discredited and largely abandoned decades ago in
most state prison systems. Thus many departments gave up believing they
had any responsibility for changing offenders or what happened after
offenders were released. Unfortunately, some academic research contributed
to this idea by concluding that nothing could be done to reduce recidivism.
The objective, therefore, became that prisons should be just for punishment
and politicians competed to see who could make prisons more unpleasant.
Successful Model Programs:
However, the pendulum from punishment to rehabilitation may be swinging
back again, in what prison officials like to call reentry or transition
to the community in certain states:
Oregon, a voter referendum in 1994 mandated a 40 hour work week for
inmates. The program begins upon an inmate's arrival with a battery
of tests to identify the mental, social or educational barriers the
inmate may face. A detailed plan is then worked out to help the inmate
overcome these troubles through literacy programs, drug treatment or
job training. Many inmates now leave prison with a professionally printed
resume, including a record of classes passed and letters of recommendation
from prison officials.
Also, officials have turned from historical vocational training for
low-paying jobs to comprehensive inmate training for jobs that companies
have open, like telemarketing.
Texas, which has the country's second largest prison system, has mandatory
schooling for inmates with less than a seventh grade education. Additionally,
they require every inmate do a full day's work. The goal is to teach
the work ethic, and undo bad habits by having inmates practicing on
the inside what works on the outside.
In Missouri, which employs a similar program, the director of the State
Department of Corrections summed up the new approach this way: "People
ask, 'How much time is enough?' But they should ask, How do you want
them when they come home?,"' because 97 percent of inmates are
eventually released.
As the movement to revive rehabilitation has spread, Pennsylvania, Ohio
and Washington State have also begun programs though less comprehensive.
Societal Costs:
Of the women in prison nationally, 66% to 80% are mothers of children
under 18 years of age. The majority of these mothers were the primary
caretakers of their children prior to their imprisonment. These children
are at greater risk of pursuing behavior consistent with that of their
parents thus maintaining the cycle of drug dependency and eventual incarceration.
Therefore, incarcerating women who are mothers triggers hidden, yet
substantial additional human and future financial costs.
One of the easiest ways, without having to soften popular tough sentencing
laws, is to reduce recidivism it is simply a matter of pay now or pay
more later.
Summary:
We have an obligation to future generations to respond proactively to
the unique needs of female prisoners. If left un-addressed, those needs
and factors will act as certain triggers for recidivism and relapse.
To continue to punish these women without providing the tools for change
is to guarantee that our communities will remain filled with families
plagued with problems. We must not forget that prisoners are not the
only ones who pay a price for the crimes they commit. The escalating
human and financial costs of these occurrences are devastating to our
society.
Thank you for this opportunity to voice my support of this important
bill. I encourage you to consider its passage.
Respectfully,
Alice Bratton
CEO/Founding Director
Excerpts from: The Psychosocial Needs of Hawaiian Women Incarcerated
for Drug-Related Crimes, Lee Y. Stein, University of Hawaii, School
of Social Work.
NY Times Article: Inmate Rehabilitation Returns as Prison Goal by Fox
Butterfield.
OUTCOMES OF CAP'S 2005 LEGISLATIVE ADVOCACY
ALL BILLS RELATING TO TRAINING AND PREPAREDNESS FOR FEMALE INMATE'S
REINTEGRATION INTO SOCIETY WERE DEFEATED.
LEGISLATORS CITED A LACK OF FUNDS FOR THE REASON.
BILL NO. TITLE & DESCRIPTION OUTCOME
HB 1749
HB2, SD2
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RELATING TO CRIMINAL OFFENSES
Directs the legislative reference bureau to periodically identify
state laws outside the penal code relating to non-serious offenses
that mad be decriminalized and to draft legislation accordingly.
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PASSED
Sent to Gov. 5/4/05
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HB 1750
SD2, CDI
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MAKING AN APPROPRIATION FOR COMMUNITY-BASED REINTEGRATION PROGRAMS
PROGRAMS FOR FEMALE OFFENDERS TRANSITIONING FROM PRISON TO THE
COMMUNITY
This bill, if it had been full, funded at $900.000. would have
expanded the only work furlough program for women on Oahu to expand
from 36 to 66 beds. The program, kA Hale Hoala Hou No NA Wahine
is currently working with the department of public safety to see
what they can do with this appropriation.
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PASSED w/ $100k
Sent to Gov. 5/5/05
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SB 1816
SD2, HD2
CDI
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RELATING TO STUDENT SUBSTANCE ABUSE ASSESSMENT REFERRALS
This bill amends the law on substance abuse referrals (Section
302A1134.6. Hawaii Revised Statutes) by
A) Permitting a child who is subject to the Department of Education's
(DOE) disciplinary rules to be allowed to return to school earlier
upon evidence that the child has completed a substance abuse assessment
and is progressing toward clinical discharge from any substance
abuse treatment or substance abuse counseling recommended by the
assessment: and
B) Permitting a child who, according to the substance abuse assessment,
does not need substance abuse treatment or counseling to return
to school earlier if the child provides a certified cope of the
assessment and the child's parent or legal guardian consents to
the child receiving follow-up counseling or other student support
services: and
Making the measure effective upon its approval: provided that
the measure will sunset on June 30. 2006. and subsection 302A1134.6(f).
HRS_ shall be reenacted in the form in which it read on the day
before the approval of the measure.
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PASSED
Sent to Gov. 5/6/05
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SB 1100
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RELATING TO PSEUDOEPHEDRINE
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PASSED
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SD2, HD1,
CDl
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This bill (1) Adds a new section that requires am person transporting
by any means more than three packages of am restricted pseudocphedrine
product to obtain a permit:
(2) Makes the unlawful transport of pseudocphedrine a misdemeanor;
(3) Prohibits a pharmacy or retailer from dispensing, selling,
or distributing without a prescription more than three packages,
or not more than nine grams per transaction of pseudocphedrine
products; provided that:
(A) The pseudocphedrine
products are dispensed. sold. or distributed from an area that
is in the direct line of sight of an employee at the checkout
station or counter:
(B) The pseudocphedrine
products are dispensed. Sold Or distributed from an area that
is under constant video monitoring with signage placed near the
drug that warns that the area is under constant video monitoring:
or
(C) The pseudocphedrine
products are dispensed. Sold, or distributed from an area not
accessible by customers or the general public. such as behind
the counter or in a locked display case:
(4.) Adds extended release pseudocphedrine combination products
to those that the Department of Public Safety may exempt if the
administrator finds the products are not used in the illegal manufacturer
of methamplietainine or other controlled substances: and
(5) Changes the effective date to July 1. 2005.
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Sent to Gov. 5/6/05
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SB1796
SDI, HD1,
CD1
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RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS
Allows individuals sentenced under Act 161 to apply for expungement.
The bill:
1) Clarifies that a person sentenced for a first time drug offense
prior to July 1. 2002 is eligible to apply for re-sentencing provided
that the person is able to demonstrate to the court a satisfactory
record of drug treatment and abstinence and no intervening criminal
convictions between the date of the person's sentencing for a
first-time drug offense and the application for re-sentencing:
and
(2) Changes the effective date of this measure to take effect
upon its approval. provided that the re-sentencing provision shall
apply
retroactively to July 1, 2002 and shall be repealed on December
31, 2006.
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PASSED
Sent to Gov. 5/6/05
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SCR 128
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REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A TASK
FORCE
SDI TO DEVELOP PROGRAMS AND SUPPORT SERVICES FOR CHILDREN OF INCARCERATED
PARENTS, AS WELL AS PROGRAMS TO STRENGTHEN THE FAMILY BOND.
The task force be comprised of
the Director of Public Safety or a designee:
the Deputy Director of the Corrections Division of Public Safety:
the Administrator of Intake Service Centers of the Department
of Public Safety:
the Institutions Division Administrator of the Community Correctional
Centers:
the Director of Health or a designee: the Director of Human Services
or a designee:
the Executive Director of the Office of Youth Services or a designee:
a representative of the Family Court of the First Circuit Court:
the Director of the Children's Justice Center of Oahu: the Superintendent
of Education or a designee:
the Attorney General or a designee:
a representative of Child Protective Services:
a representative of the law enforcement community:
a public member representative of incarcerated parents:
a public member with experience in working with children of incarcerated
parents:
and public members with advocacy experience in working with children
of incarcerated parents including:
Blueprint for Change.
Child and Family Services.
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PASSED
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