In 2016, the Legislature created the House Concurrent Resolution 85 Task Force on Prison Reform with the ambitious goal of studying all aspects of Hawaii’s correctional system and recommending changes based on best practices from around the nation and the world. I served as chairman of the task force, which brought together representatives from the Legislature, the Judiciary, the Office of Hawaiian Affairs, the University of Hawaii, nonprofit organizations, and state prosecutorial, prison and parole authorities.
In December, the task force issued its final report, which called for a “paradigm shift” in our state’s correctional system, from a costly and ineffective punitive system to a humane and sustainable rehabilitative system. The final report cautioned that without a fundamental change in the status quo, Hawaii would continue to overspend on its correctional system without making our communities safer.
One of the task force’s most urgent and important recommendations was the creation of an independent oversight commission to investigate and report on prison conditions and oversee the transition from a punitive to a rehabilitative correctional system. The Legislature acted on this recommendation by introducing House Bill 1552, which would establish the Hawaii Correctional System Oversight Commission.
The five-members of the commission would be appointed by the governor, the president of the Senate, the speaker of the House, the chief justice of the Hawaii Supreme Court, and the chairperson of the Office of Hawaiian Affairs, and would assist the state Department of Public Safety in implementing the task force’s recommendations and improving conditions at prisons throughout the state. So far, the bill has received support in both houses of the Legislature and from the governor as demonstrated by the department’s testimony in favor of the commission.
Hawaii is not alone in charting a new course for its correctional system. State leaders across the country are focusing on rehabilitation because it creates better outcomes, saves money and improves working conditions for correctional officers. For example, following a trip to Norway, corrections officials in North Dakota implemented comprehensive reforms reflecting a philosophy that gives inmates greater freedom and builds positive relationships with prison staff. And Connecticut, inspired by prisons in Germany, implemented a rehabilitative pilot program that matched prisoners under age 25 with a group of older mentors. The group of younger prisoners exhibited lower levels of violence within the prison and has been less likely to reoffend upon release.
The federal government has acted as well. Last year, Congress passed the First Step Act by an overwhelming bipartisan vote. Among other reforms, the Act expanded the number of rehabilitative and vocational training programs, increased the availability of prerelease custody, and reduced the length of certain sentences. Notably, the Act also provides for oversight of the federal Bureau of Prisons to ensure that the reforms are being implemented.
As the federal government moves to improve its own system, it has demonstrated a willingness to exercise oversight of state prisons. The Department of Justice recently completed an investigation into the Alabama prison system and issued an ultimatum for the state to address the problems identified by the department within 49 days or face a federal lawsuit.
As the Legislature draws to a close and bills proceed to conference committees, the Legislature and the governor are poised to pass HB 1552 and establish Hawaii as a leader in implementing a cost-effective correctional system that uses proven best practices to create a more effective and humane correctional system while improving public safety.
Michael Wilson is a Hawaii Supreme Court associate justice, who chaired the House Concurrent Resolution 85 Task Force on Prison Reform.