A newly passed bill would establish a women’s court pilot program on Oahu to address the growing number of women entering the prison system.
Nationally, the number of women entering the prison system since 1980 increased by more than 700%, according to a 2016 study, outpacing the growing number of incarcerated men by more than 50%.
The pilot program hopes to curb the trend by addressing common underlying issues specific to women who have committed nonviolent crimes, according to House Bill 2421.
If proven successful, state Rep. Linda Ichiyama (D, Salt Lake-Moanalua Valley), the bill’s introducer, said she hopes the program will be expanded to the neighbor islands.
“Many of the women who are incarcerated are mothers, and that has a deep and lasting impact on their families and their kids,” Ichiyama said. “The more that we can do to prevent recidivism and promote rehabilitation, I think the better chance we have of stopping that intergenerational trauma.”
Honolulu Circuit Judge Robert Browning supports the measure and agreed there are adverse effects in applying gender-neutral court expectations to women.
“We weren’t addressing the cycle and the reasons and creating the opportunity for them to be able to become contributing members of our community,” Browning said.
Research has shown that women offenders are more often incarcerated for nonviolent crimes, HB 2421 stated. They are uniquely affected by adversities such as abuse, trauma, mental illness and substance abuse leading up to their criminal behavior. They also face unique barriers after incarceration, such as being a primary caregiver of children, lower educational attainment and lack of stable work history.
Erin Harbinson, the director of the state Judiciary’s Criminal Justice Research Institute, said that although men also face some of the same challenges, some argue the social factors affecting women in the criminal justice system exacerbate their difficulty reintegrating into society.
“These things do matter for men and women, but you’re trying to triage them in a way that is more effective for women,” Harbinson said. “It’s kind of figuring out the risks and needs that they have in a way to work with them, to support them for success.”
Browning ran Hawaii’s juvenile drug court for eight years and witnessed the successful implementation of Hawaii’s Girls Court, which was founded in 2004 by Judge Karen Radius.
“It’s really quite an amazing experience,” Browning said. “The kind of things that you’re able to do to assist and help people to hold them accountable, but at the same time finding ways to make their lives better.”
HB 2421 was transmitted to Gov. David Ige on Wednesday and awaits his signature.
