Lawmakers consider releasing nonviolent offenders early to ease overcrowding
STAR-ADVERTISER
Nolan Espinda:
The public safety director warned that the state could be sued over conditions
Gov. David Ige is asking legislators to allow the state correctional system to grant “early release” to misdemeanor criminal offenders as a way to ease overcrowding in Hawaii jails, but that plan is being opposed by Honolulu Prosecutor Keith Kaneshiro.
Inmates are triple-celled in each of the state’s four jails and are quadruple-celled in the Hilo and Maui correctional centers, said Department of Public Safety Director Nolan Espinda. That means every jail “has people sleeping on the floor with their head next to the toilet every day,” he said.
Espinda told members of the Senate Committee on Public Safety and Military Affairs on Tuesday that the overcrowding has made the state “extremely vulnerable” to lawsuits alleging conditions in the jails have deteriorated to the point that inmates are being denied their constitutional rights.
The state is not facing that kind of a lawsuit in connection with overcrowding at the moment, but “we’re always on the precipice,” he said.
House Bill 2391 would allow the director of the Department of Public Safety to release inmates accused or convicted of misdemeanor offenses provided they have not been convicted of violent crimes and do not have bails set at more than $5,000.
Inmates would not be eligible for release under the proposed program if they are on probation or parole for more serious offenses, or if they were ever arrested or convicted of any violent offense.
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The measure has already won the approval of the state House, and is now being considered by the Senate. Espinda said the bill is meant “to start a discussion with all of the parties involved.”
If the state is going to begin releasing prisoners as a short-term solution to overcrowding, it should be based on a decision made by the state’s elected officials and “not some dictate from high and above, so that’s what this is about,” Espinda said.
The Hawaii prison system was sued in 1984 in connection with overcrowded and allegedly unconstitutional conditions, and entered into a federal consent decree in 1985 that imposed population caps on jails, including the Oahu Community Correctional Center.
To help the system remain within those mandatory caps, lawmakers passed a law in 1993 that authorized prison officials to release some offenders. That law expired in 2000, but HB 2391 would revive the director’s authority to release some misdemeanor offenders.
Espinda said that as of Tuesday the jails were holding 261 men and 90 women on misdemeanor charges or convictions. However, the new release program would apply only to inmates who are jailed after the bill is passed and signed into law.
The measure will not solve the overcrowding problem, Espinda said, “but it’s a start.”
“Overcrowding in and of itself is not necessarily an unconstitutional condition, but the conditions surrounding it — our inability to provide enough medical or proper medical care, food, things that are constitutional rights — really get impacted by overcrowded conditions,” he added.
The measure is opposed by Kaneshiro, whose office warned that the bill as written “would potentially permit the release of defendants who could create a dangerous situation for victims and for the public.”
“While we have always appreciated the Department of Public Safety’s hard work and dedication to protecting the public, this proposal to lower the prison population by releasing defendants whom the director deems fit — simply to meet arbitrary headcount goals — seems directly contrary to the goal of public safety,” Kaneshiro said in written testimony submitted to the committee.
Deputy Prosecutor Mark Tom told lawmakers that the term “violent offenses” is not defined in the bill, which leaves it to the Department of Public Safety to decide what is “violent.”
Tom raised the issue of people who violate temporary restraining orders. In those cases there might not be any violence involved, but “for the victim who is the victim of the restraining order violation or order of protection, that is a very dangerous situation that could escalate to something that is very violent.”
The measure is supported by state Attorney General Douglas Chin, who recommended the misdemeanor release program be established for three to five years.
Over the longer term, the Department of Public Safety “is currently making efforts to build new facilities that will presumably reduce the overcrowding problem,” according to testimony submitted by Chin.
Espinda agreed the program is needed to cope with the immediate overcrowding problem.
“If five years ago plans were being made to expand our jail system, we could sit here and say, ‘It’s coming.’ But it’s not,” Espinda told the Public Safety Committee. “So what we need to have is a long-term plan in place, and something to address the emerging problem as we speak in the event that someone comes and sues us, because we are extremely vulnerable, senator, at this point in time.”
83 responses to “Lawmakers consider releasing nonviolent offenders early to ease overcrowding”
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We already have judges handing out ridiculous sentences that put felons back on the street in no time, sometimes with no time.
agree..and can’t we start shipping these people to the mainland. Or send the violent idiots to the mainland and keep the so-called non-violent ones. The legislature is risking angering the public. Especially if any of those arrested cause major crime to go up.
agree
Hit the nail on the head, peanutgallery. The sentences handed out are indeed ridiculous so why change the current law. It’s different wording with the same results.
Agree. Like probation and $200 a month for someone who ripped off $136,000 from a school.
If we release these folks, at least force restitution and community service where they can be monitored.
If not, this whole thing is a joke.
Get ready, property crime will increase, burglary, theft, trespass, CPD, criminal tampering…….. added by police officers unwilling to arrest based on waste of time, complaints generated by suspect on allegedly mistreatment( real or fabricated ), just plain lazy, touching dirty people…. take your choice. Understand Nolan’s position, has no choice if civil rights are involved. Seems to me property owners are on their own.
I agree! Time to remove all my jalousie windows, add dead bolts to my doors and install car alarms! A fresh new batch of “just re-educated” criminals are about to be released. They have all learned the latest tricks to relieve you of your property and peace of mind. Way to go Ige!
Yes, the Civil Rights of Institutionalized Persons Act (CRIPA) and ample case law allow the US Dept of Justice Civil Rights Division to sue states to correct a pattern of violations. Often this is due to the lack of proper Healthcare. This has happened in past at OCCC and at HSH.
A significant cause of the overcrowding in Hawaii is the arrest and prosecution of many mentally ill who lack proper care in the community. These defendants/inmates are also more difficult and costly to incarcerate than others, and they are at high risk of victimization from other inmates.
This so called “criminalization of the mentally ill” has worsened due to our inadequate and poorly managed public mental health system and incompetent oversight of health plans by our elected officials.
If we had better mental health leadership, DPS wouldn’t be resorting to this drastic and reckless policy.
How many tmes did these folks get away with other crimes before they were jailed? WIth our liberal judges, only numerous convictions will get any jail time to begin with.
Send them to Kahoolawe.
Hawaii should have built more prison space as the population increased. This problem has been building for a long time. Poor planning.
Bingo!
There were plans for private companies to build and house these criminals but the clowns at the circus tent on Beretania were opposed because their puppet masters(government unions) would be out of the loop and the cost to run them would have been cheaper, why do you think we are still shipping criminals to Suguaro facilities in Arizona….
Wonderful open air tent cities. Peanut butter sandwiches three times a day with healthy water servings. Work clearing munitions and filling swimming pools. Practice a new vocation in Xeriscaping and rock gardening.
Just like Arizona.
Pack Um, Stack Um send them to the Mainland !!!!!!!
good idea but no infrastructure.
send them to the mainland,, its cheaper
Awe, is it uncomfortable in jail? Hate to see any inconvenience to the poor prisoners… What bs. Do the crime, do the time.
This state needs some SERIOUS HELP. I mean WTF we have so many people on the streets already who should be in JAIL. Does anyone else notice HOW MUCH THEFT we have going on DAILY in this city ? These elected CLOWNS should be FIRED !
WHO GIVES A SH$T IF THESE GUYS ARE CROWDED, they BROKE THE LAW. I suggest we bring back chain gangs and MAKE these scum work !
Why not outsource prisoners in Asia instead. Muntinlupa or Changi Prison? Try Indonesia, NorKor, Malaysia, Burma, and other poor Third World countries who will gladly charge cheaper rates. Hanoi Hilton, anyone? Go West, young man.
If the state wants to ease overcrowding, then don’t arrest these so called criminals.
Right, just walk into Longs Drugs, take what you like then walk out…..hear they have a “customer is always right program”….they don’t pursue criminal charges or apprehensions. Now due to overcrowding all business will be participants…. cops just going do paper work, release in field…..DISPOSITION: Prosecutory Referral. Wow more Beer runs at 7-11… no need run anymore.
They were sent to the mainland in the past due to over-crowding and it was cheaper. What changed?
Governor Neal Abrocombie brought back hundreds of mainland prisoners so they could be closer to their families.
Liberal thinking. Don’t do the crime if you can’t do the time.
Some day law makers across the country will have the courage to instill mandatory death sentences to all violent criminals. And not just sit on death row waiting. I’m talking sentenced immediately. And there you have it. Plenty room in all prisons.
All habitual “career” criminals should be executed. Because there is a zero chance of an innocent person being killed. A panel can easily decide if a person with a number of crimes fit that category.
In regards to the department could be sued, they are sleeping next to the toilets. Kindly ask the prisoners to not do there bodily functions in a fashion that messes the floor, walls, sorrounding area. After all its where they sleep. Scrub the toilet often, with 3 or 4 to pitch in it could be spotless!
Is it a surprise to someone that our population has been continually increasing? And nothing has been done? And society should then pay the price via more victimization? Release is NOT an option for our leaders NOT doing their job.
This has a lot of potential to minimizing the incarceration rate. There needs to be a lot of vetting on this issue. Now, we are gonna halfway houses, job training, reintroduction to normal day to day life etc. We don’t want them back on the serfs and becoming homeless. This is a good idea with potential to solve some problems but they have to earn this privilege.
not serfs, streets!
Overcrowding is no big ting. I have seen Filipinos and Polys renting a house and stuffing 30 people in them. Nobody’s dying because of overcrowding. Leave it alone. Overcrowding is another form of punishment. Just hang up air freshener strips for these pitiful souls.
Racoon, you have a valid point. I think also the Legislators, rather than just a one time good deal, should change the laws on sentencing. I always liked “Cool Hand Luke” look at what the prisoners did then–I have never been in prison, but I would think, I’d rather be outside working, doing something than sitting and looking at the clock and calendar!!
Arrange talks with North Korea to have some of the long-term inmates housed there.
Call it a cultural exchange program?
If you don’t like the time, don’t do the crime.
Need to bring back the death penalty. Make it an economic decision; save the taxpayers money. If the sentence will cost taxpayers more than $500,000.00 to incarcerate, then give them the death penalty immediately and save the taxpayer’s money.
Or give that money to the victims.
Yet another example of poor planning and management by the Gov and the legislature if they allow the early release of prisoners. First of all expect an influx of crime. Increased chances of having your car stolen or house robbed. Second what about due process? If you do the crime you have to spend the time. Lastly, instead of ineffective band aid solutions like letting prisoners out early how about a long term fix to increase capacity? In the interim outsource more prisoners to the mainland.
We will have more crime back on the streets again. It’s already bad as it is. Imagine letting 200 more scumbags loose. The state should send more inmates back to the mainland if they dont want to build another prison.
What we fail to see as to why we cannot seem to get over he hump regarding prison overcrowding is the union and the overly high cost of running prisons due to it and overtime expenditures. Fix this problem and our resolution to build a bigger prison facility that is in line with our increased population would be more of a possibility. To many times have we revisited this issue only to have it swept under the rug. It’s not that we do not have the means. It’s that the unions have made it such that our hands are tied when it comes to fiscally sound action. Fiscally sound management of labor do not go hand-in-hand with union meddling. The unions control the department like the way they control the state and city and counties.
Nolan Espied— too much power for one man! choose wisely.
Nolan Espinda. spell check haywire.
Easy way to ease prison overcrowding: Institute the death penalty for three strike felons. State saves money on prison expense, general public safety increases and limits felon’s offspring and associated public financial assistance. Sounds like a win-win for all parties but the one that chose to commit and get convicted for at least three major crimes.
Jail time should not be the only form of punishment. How about more community service cleaning up park restrooms, and picking up trash along the roads. There is plenty of work that needs doing and giving up your weekends to do it, is a good punishment for minor crimes.
Mr. Espinda is totally correct, the state is facing potential lawsuits and fines for overcrowding in prison and something has to be done. Just like we fix roads before they collapse, or the roof before leaks ruin the house, we need to do something now about prison overcrowding before we get stuck with much bigger expenses in later years. One answer is more prison capacity, but over the years the legislature has refused to fund or proposed any solutions. Politicians want to protect their seats, they don’t want to anger voters in their districts, they will not bite the bullet to fund some of these necessary capital improvements because to do so means raising taxes. Gov Abercrombie was voted out because he wanted to tax pensions….yikes, look what happened to him. So, unless voters step up to the plate, we are doomed to pay bigger amounts later on when the chickens come home to roost. Refusal to fund new prison capacity is short-sighted and ultimately cheats the taxpayer. Supposedly we elect politicians to act in our best interests, but once again, we see how they tend to act only in their own best interests!
Not only Taxpayer, consumers, and insurance companies. We will pay higher price for goods stolen from stores, fraud-stealing Ids and credit cards, pretty much any property crime where there is a lost. That lost suffered by the business will pasted onto the consumer.
The state pays over a $billion to Medicaid managed care plans (MedQuest). These plans are required by contact, by Hawaii law and administrative rules and by Federal law to provide adequate mental health provider networks. They do not, and have not for years. State officials look the other way.
The result is that the mentally ill go untreated. They are unable to work. Families are disrupted. Children are neglected or abused, and CPS intervenes. Housing is lost. Unlawful behaviors occur, Police and emergency responders are called. Cases are brought before judges and argued by lawyers. Caseloads increase for probation officers. Crowding worsens for the state Hospital and clinical care is burdened by legal red tape, Jails and prisons also get more crowded. The mentally ill are incarcerated much longer that necessary, if it were necessary at all. Families are broken. Communities are disturbed. Budgets are strained. Proposals are made to build costly new facilities. Taxpayers are asked to pay more. Other state infrastructure deteriorates due to lack of funds.
Roz Baker and other legislators acknowledge that health plans are in blatant violation of mental heath networks adequacy laws, but have refused to provide any oversight. She has refused to even give hearing to SB2287, a modest bill that would begin to address the problem.
Meanwhile, the for profit medicaid plans take hundreds of $millions of of the state.
“out of the state”
“plans are required by contract”
Hey, who said Jail was supposed to be a pleasant experience. The worse conditions are, the better the incentive to behave yourself. Keep jamming them in there.
Is this what we really want? Apparently politicians feel that crimes should have no accountability. Commit any non violent theft with no fear of incarceration. Why bother having trials? HPD can just release them after booking….why even bother with that process as well. And if you defend yourself then guess what? YOU are the criminal!
Yes, look what happened to brudda who tried to help a store in Maui, thief was shop lifting, brudda went to help. Cops charged him, the good guy with Assault III, and the judge convicted him. Moral of the story………..don’t get involved, even as a witness………keep on going…….you are on your own property owner.
This problem goes back to when Ben Cayetano was governor. There was a proposal to build a prison facility on the Big Island which went no where despite the fact that there was a pressing
need for jobs on the Big Island and the prison population was growing rapidly and everyone with a half a brain could see prison overcrowding was coming.
The major reason that plan went nowhere was because Governor Cayetano was not really in favor of building more prisons for ideological reasons and he just
kind of went through the motions.
The stop gap measure was that of shipping inmates to the mainland which was actually not a bad idea given that it was cheaper in the short run and spending the money to build more
prisons was not popular with the politicians who preferred to spend the money elsewhere,
Nothing has changed since then.. As usual, the politicians went to deal with this problem of their creation by passing the buck to the Dept of Public Safety by allowing them to release
inmates at their discretion. Which of course they love because it is not going to cost any money and requires little from them. Shazam!! problem solved. How clever, just managed to
kick the can down the road again.
As most know by now, our Judges here due to their liberal leanings are very loath to sentence people to prison or to jail. So for years, they have helped to keep a lid somewhat on the
prison and jail population which has helped intentionally or otherwise to allow the politicians to continue to kick the problem down the road.
By allowing these proposed early releases from prison and jail, the public will have to bear the brunt of this kind of policy as public safety will definitely be compromised.
The State of California has gone down this road and it has been a disaster. People there are sentenced to prison and jail but end up serving very little of the jail/prison time they are
sentenced to. This allows the court system to maintain the facade that they are imposing punishments on those who commit crimes but at the same time allowing them out the back door.
The result is increasing crime and increasing lack of respect for the law and a legal system which no longer works to protect the average law abiding person from these predators.
It does appear that we will be heading down that same road and with the same predictable results.
Sadly, the poorest sectors of Hawaii stand to get the junk end of the deal. Release these non violent offenders back into the neighborhoods to continue to be unemployed, uneducated, no hope, surrounded by no hope, drugs, — leading to a rise in property crimes. Puna and Ka’u will continue being the dumping grounds for the rest of the State’s problems.
Can you house them at your house, David Ige? I don’t think David Ige will have another term as Governor. Another Abercrombie. Good thing election is in November. Get together Hawaii and vote this guy out.
Got what you’er saying but voters will have to wait for another two years when the gov.’s term ends. In the mean while voters might want to think about voting our some Reps. and Senators. lol
Since they want to early release non-violent offenders can they also pass a law that allows a law abiding citizen to carry a firearm? Seems like the law breaker has more “rights” than the law abiding citizen. By allowing these offenders an early release this will result in future offenders since they will multiply once outside the fence and probably be supported on the taxpayer’s dime.
Lawmakers can fill the new spaces with themselves.
solve the problem the correct way and inform the public …eventual out come some 50/50 felons may think twice about making trouble ( example YOU MAY NEED TO SLEEP ON THE FLOOR ECT.) …GOAL MINIMIZE 50/50 FELONS ..ALOHA
Nobody should be released before they have served their sentence. However, if the State decides to do “early release”, do NOT just release them – instead make them do community service or other duties. Everyone who commits a crime needs to pay the penalty.
Take the lead from Arizona.
Freedom fighters live in tents and eat rations, sleep on the ground and so on.
We have a system that really punishes the law abiding citizen more the three times over and in some cases for life.
Yes, we have to pay to house, cloth, feed, etc these guys.
Should not they be punished instead of rewarding then?
And yes I believe in “an eye for an eye”.
A lot of these guys cannot be reformed and the cost is too high on the law abiding citizen in the way of taxes.
Arizona has found a way to deal with it.
Follow the leader when it works.
Unfortunately our politicians have failed us big time in many ways.
toledo, Arizona is a Republican State they do things that make sense there.–They go along with public opinion!!
toledo: I agree. Good point.
NOOOOOOOOOO!!!!!!¿¿¿¿¿?????
The racists will feel threatened as we release nonviolent Hawaiian criminals. We’ve labeled the Hawaiians criminals, took their families away, their dignity, self worth so the racists can be free to prevail!! I say turn the tables around and lock the mass murderers, conspiratators, thieves, extortionists up, the ones nuking our Pacific ocean, the ones killing our marine mammals, the ones oppressing the Hawaiians in their own country. Put these racists in jail and free the nonviolent hawaiians, the ones who were shoplifting because they couldn’t get a decent job looking d
For food.
Label the Hawaiians “troublemakers” just like they did to me to justify their manipulated actions. Just like the racists do when they trespass onto my property taking pictures and when they caught the racist cops no do nothing. But when the racists come onto my property and stop with their TRO in their hand and eyes me down, guess who gets arrested by the racist cops. I swear that ain’t no coincidence. This Hawaii is very racist dominated by the fukushima’s nukes!! #Takebackhawaii #impeachige #AOLEIGE #IgeGoHome
I can’t believe the state prison hasn’t been sued by the Hawaiians. If the situation is as bleak as they claim, the state should have been sued a long time ago. Hawaiians, where are you??
Kaaihue is Hawaiian isn’t he?
Kai.. swallowed the rascist worm, and it is eating him up.
No I havent. The racists are trying to eat me up and having a field day.#Kaaihue 4 Congress #HawaiiaintTokyo
Overcrowding is taken into account with new convicts, as judges need to given lesser sentences, which is unfortunate. JBAJ Just Build Another Jail, and u know what, Mufi stole all the available money and gave it to those working on HisTrain, so u see all the government infrastructure is falling apart. We have heard of the Rise and Fall of The Roman Empire, right? We may not realize yet, however Kiewit will be smiling all the way back to California, while we rot on Oahu with rampant homelessness, overcrowding in prisons, overflowing sewers, unsanitary water (not manifested yet, however may soon emerge) and even Police Departments becoming more and more corrupt. Mufi u did us good. Hope to see u elected Master of the Universe soon, so that u can bring us a lot more money!!!
what about temporary outdoor canopy with bunkbeds, porta-potties and running water, ala camping? Long term solution is another larger prisons.
Not enough security, as we will probably see mass escapes.
What about Halawa? Couldn’t the more violent cases be moved to Halawa to relieve overcrowding elsewhere?
Also buy army cots for temporary sleeping arrangements, so people don’t need to sleep on the hard concrete ground. Still people in OCCC are getting three squares and a shower everyday, with television and library privileges, so it is much better than homelessness. I bet some of those in OCCC are there to combat being out in the open, battling homelessness.
What we may want to check also is if the prison population is increasing in percentage with reapect to the general population. Know what I mean? For example if the population is stable and the prison population is stable, it means that those serving time are also a stable population. If the prison population is growing faster than the general population then it means crime is ramping up. However statistics from Law Enforcement indicates that crime is decreasing, so the number of people serving time must be decreasing. So the question is why is there overcrowding in prisons?
They don’t have problems like this in Singapore. They take crime very serious. I loved walking around and feeling safe. Their jails are not there handing out 3 meals a day and a place to work out. Maybe we shouldn’t make our jails so nice and not give criminals another chance over and over and over again.
Singapore was cleansed by law and order. We should follow their example. In the old days it had the worst reputation of any harbor town.
In addition to releasing prisoners early for misdemeanor offenses, I propose lawmakers suspend all laws for one or two days each month. Armed robbery, rape, assault, murder, negligent homicide, manslaughter, theft, etc would be legal for only one or two days per month in any calendar year. This would greatly ease the burden on our overtaxed and overburdened judicial system and more important, it will keep offenders out of our overcrowded prison system. Since they will be free to prey on the citizens of Hawaii, including its tourists, during these “Amnesty Days,” the state of Hawaii will be the model for other states to follow. Please join me in making this a reality.
Wow, such angry comments. Mr. Espinda is talking about releasing misdemeanor non-violent offenders, not hardened career criminals. I’m sure there are lots of people in jail who don’t really need to be there. Those incarcerated for simple marijuana possession,unpaid tickets, petty theft or similar crimes don’t need to be in jail, having them pay fines/restitution and community service saves the taxpayers money.
Thieves need to be in jail, petty or not.
As long as they go live in the legislators homes when they are released, then I have no problem with this.
Them racing Tokyo politicians and Fukushima judges doing to us what we did to them at the honouliuli internment camps. “TOKYO BOMB US, WE BOMB THEM, NOW THEY NUKE US!” THIS SOUNDS LIKE WAR TO ME. #TakeBackHawaii #HawaiiAintTokyo #NoTokyoPoliticians #Kaaihue4Mayor #Kaaihue4Congress2