The state’s corrections system is beset with long-standing problems, including overcrowded and dilapidated facilities, which have played roles in troubling events and reports — most recently, the riot at Maui Community Correctional Center.
In an encouraging move to rectify systemic wrongs, state lawmakers this week passed reform-minded measures that hold potential to improve safety, transparency and equity in corrections and criminal justice matters.
House Bill 1552 creates the Hawaii Correctional Oversight Commission, tasked with overseeing the state Department of Public Safety. Among its powers: conducting independent investigations and making unannounced inspections.
With much of the corrections system operating far from public view, such a watchdog is needed as the state endeavors to shift its prisons and jails focus from punitive, to a model that steps up attention to rehabilitation.
Also, HB 1552 puts in place requirements to speed the bail process, such as completion of risk assessments within three days of being incarcerated. Currently there is no time limit. Another measure that can help ease jail overcrowding, as well as more fairly address the low-risk cash-strapped accused, is Senate Bill 192, which authorizes the court to release a defendant in custody on unsecured bail.
In Hawaii and many other states, a “money bail” system unfairly penalizes the low-income defendant who poses no apparent flight risk or danger to the public. On the pretrial path, there is accusation but no conviction. It follows that pretrial practices should stress protecting public safety, and not impose hardship that’s tantamount to punishment.
A report released last year by the ACLU of Hawaii found that in cases where money bail was set, fewer than half of criminal defendants were able to pay it. The study found that during a six-month period, the state’s Circuit Courts required money bail as a condition of release in 90 percent of cases.
In addition to contributing to overcrowding in jails, unnecessary incarceration prods economic and social fallout. Within days or weeks behind bars, the lives of the accused can fall apart, often starting with the risk of losing a job. Without a steady paycheck, they can fall behind on bills and other responsibilities. Meanwhile, taxpayers are forking over roughly $150 a day per detainee.
Research shows that non-financial options such as unsecured bail can be just as effective as money bail. Instead of upfront payment, an unsecured bond requires signing a promissory note. The bail amount is due if the defendant fails to show up to court or comply with conditions of release.
SB 192 underscores the merits of carefully weighing factors such as employment and financial status and family ties as well as any prior criminal record when the court sets conditions for release.
Another measure heading to the governor, House Bill 1383, decriminalizes possession of three grams or less of marijuana. Instead of facing criminal charges, offenders would be fined $130. Although marijuana is illegal under federal law, a growing list of states is easing possession laws. For the sake of fair treatment of low-risk cases and taxpayer cost-savings, Hawaii should follow suit.
When the hours-long riot erupted at Maui’s jail in Wailuku, on March 11, the occupancy rate was at 136%. Overcrowding was a factor — but deeper-seated systemic flaws were in play, too. DPS Director Nolan Espinda, who recently weathered heavy criticism for his handling of the melee and other concerns, has secured approval to hold onto his post.
Espinda and other corrections and criminal justice leaders now have fresh opportunity for improvements through these bills, which Gov. David Ige should sign. They must work in tandem with the Correctional Oversight Commission to make much-needed changes.
