CAPWATCH Update: Bills heard on 2.4.16

CAPWATCHHere is an update on Thursday, February 4th  bills heard in House Human Services and House Public Safety Committees. Mahalo for your testimony – it definitely helped defeat the bad juvenile justice information bill and Kat heard there were fireworks in the Public Safety Committee when they were not going along with the OCCC move to Halawa. Kat is still embroiled in the electric company merger hearings, which should be over on February 10th.

MAHALO NUI FOR YOUR TESTIMONY — YOUR VOICE MATTERS!

 

COMMITTEE ON HUMAN SERVICES

HB 1832 – JUVENILE JUSTICE INFORMATION
CAP Position: Oppose

http://www.capitol.hawaii.gov/session2016/bills/HB1832_.pdf

Allows the dissemination of information from the juvenile justice information system to law enforcement agencies for purposes of the administration of law enforcement and law enforcement agency employment. SOUKI

DEFEATED!  7 OPPOSED; 2 SUPPORT

***

COMMITTEE ON PUBLIC SAFETY

HB 2388 – EXEMPTING NEW OCCC FROM CHAPTER 343 – EIS LAW
CAP Position: Oppose

http://www.capitol.hawaii.gov/session2016/bills/HB2388_.pdf

Creates an exemption from Hawai‘i Revised Statutes §343-5 for a jail facility to be built adjacent to Halawa Correctional Facility and funding therefore and makes clarifying amendments.     (SB 2917)  GOVERNOR

PASSED WITH HD1  – 4 SUPPORTED; 7 OPPOSED; 2 COMMENTS

We are going to have to watch this bill closely. Kat heard that the administration was shocked at the hearing…they thought everyone would blindly follow…not so! THEY CUT THE HEART OF OUR CHAPTER 343! The committee also incorporated some of HB 1721 into this bad bill!

HB 1721 – NEW OCCC ON HALAWAA FOOTPRINT; $
CAP Position: Oppose

http://www.capitol.hawaii.gov/session2016/bills/HB1721_.pdf

Requires the construction of a correctional facility at the Halawa Correctional Facility site to replace the existing OCCC. Requires a study on the feasibility of State redevelopment of the land that is currently occupied by OCCC. Appropriates funds. CACHOLA, EVANS, MIZUNO, SAY, TAKAYAMA, Rhoads

DEFERRED/DEAD – 7 SUPPORTED; 5 OPPOSED; 3 COMMENTS

HB 2188 – HAWAI`I CORRECTIONAL INDUSTRIES; OPEN MARKET SALES
CAP Position: Support

http://www.capitol.hawaii.gov/session2016/bills/HB2188_.pdf

Authorizes Hawaii Correctional Industries to sell products and services on the open market to the general public.TAKAYAMA, AQUINO, BELATTI, CACHOLA, CHOY, CREAGAN, EVANS, HAR, ICHIYAMA, JOHANSON, KAWAKAMI, KEOHOKALOLE, KONG, LOPRESTI, MCDERMOTT, MIZUNO, MORIKAWA, NAKASHIMA, OHNO, POUHA, SAN BUENAVENTURA, SAY, TOKIOKA, YAMANE, YAMASHITA, Brower, DeCoite

PASSED WITH HD1 – 6 SUPPORTED; NONE OPPOSED

HB 2001 – COMMISSION ON CRIMINAL JUSTICE AND SENTENCING REFORM
CAP Position: Support

http://www.capitol.hawaii.gov/session2016/bills/HB2001_.pdf

Establishes a Commission on Criminal Justice and Sentencing Reform in the Governor’s Office.  Requires the Commission to develop a statewide framework of sentencing and corrections policies  to further reduce the State’s incarcerated population by 25% by year 2025. The Commission shall also develop a plan to reduce spending on corrections and reinvest in strategies to increase public safety and reduce recidivism.  MIZUNO, BELATTI, CACHOLA, CREAGAN, FUKUMOTO CHANG, HASHEM, ICHIYAMA,   KEOHOKALOLE, KOBAYASHI, LOPRESTI, LOWEN, MORIKAWA, NISHIMOTO, POUHA, SAIKI, SAY, SOUKI, TAKAYAMA, TSUJI, Choy, DeCoite

PASSED WITH HD1 – 8 SUPPORTED; 1 OPPOSED; 1 COMMENT

SB 2629 – PU`UHONUA COMMISSION
CAP Position: Support

http://www.capitol.hawaii.gov/session2016/bills/SB2629_.pdf

Establishes the puuhonua commission within the department of public safety to help post-incarcerated persons, probationers, and parolees reintegrate into society. Creates county advisory committees to advise the commission. Establishes a special fund.  ESPERO, INOUYE, SHIMABUKURO, Baker, Galuteria

PASSED WITH HD1 – 5 SUPPORTED; 2 OPPOSED

***

“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. 

If people all over the world…would do this, it would change the earth.” 
– William Faulkner

CAPWATCH UPDATE: Bills heard in Human Services and Public Safety 2.2.16

CAPWATCHHere is an update on Tuesday, February 2nd bills heard in House Human Services and Senate Public Safety Committees. Mahalo for your testimony – it definitely helped defeat the bad alternative schools bill and helped PASS all 4 bills in PSM & 1 in JDL!       

YOUR VOICE MATTERS!

 

COMMITTEE ON JUDICIARY AND LABOR

HB 1046 – WRONGFUL IMPRISONMENT

Provides compensation and services to persons who can demonstrate they were wrongfully convicted of a crime             and imprisoned.

PASSED WITH HD1 – 8 SUPPORTED; 0 OPPOSED

 

COMMITTEE ON HUMAN SERVICES

HB 1666 – ALTERNATIVE SCHOOLS FOR JUVENILES INVOLVED IN THE JUSTICE SYSTEM

http://www.capitol.hawaii.gov/session2016/bills/HB1666_.pdf

Appropriates funds to the department of education for two alternative schools to provide ongoing education to juveniles involved in the justice system or at risk of involvement in the justice system.

7 OPPOSED; 2 SUPPORTED; 1 COMMENTS

*****

COMMITTEE ON PUBLIC SAFETY, INTERGOVERNMENTAL AND MILITARY AFFAIRS

SB 2480 – AUDIT OF CORRECTIONAL COMMISSARIES http://www.capitol.hawaii.gov/session2016/bills/SB2480_.pdf

Appropriates funds for the auditor to conduct an audit of the correctional facility commissaries.

PASSED WITH SD1 – 4 SUPPORTED; 1 COMMENTS

This is what Public Safety wrote (puzzling):

At the present time, PSD has no contracts for commissary services in force, so there are no contracts to audit. This fiscal year, the Department tasked Hawaii Correctional Industries to audit and assess commissary processes statewide. Based on the findings, they will develop a consistent, transparent process for commissary services for all correctional facilities statewide. A proposal will be developed with the goal of implementing the process prior to the end of the current fiscal year.

 

SB 2629 – PU`UHONUA COMMISSION

http://www.capitol.hawaii.gov/session2016/bills/SB2629_.pdf

Establishes the puuhonua commission within the department of public safety to help post-incarcerated persons, probationers, and parolees reintegrate into society. Creates county advisory committees to advise the commission. Establishes a special fund.

PASSED WITH SD1: 8 SUPPORTED; 2 COMMENTS

 

SB 2630 – SALE OF CRAFTS BY INCARERATED PERSONS

http://www.capitol.hawaii.gov/session2016/bills/SB2630_.pdf

Allows committed persons to create approved products and crafts that may be sold through the correctional industries (HCI) program to the public. Requires that all moneys collected from the sale of products and crafts to be deposited into either the correctional industries revolving fund or the committed person’s account. Repeals the prohibition of the sale of such products on the open market.

PASSED AS IS: 6 SUPPORTED; 1 OPPOSED

 

SB 2631 – APPROPRIATION FOR WORK FURLOUGH PROGRAMS

http://www.capitol.hawaii.gov/session2016/bills/SB2631_.pdf

Appropriates funds to the department of public safety for the expansion of work furlough programs.

PASSED AS IS:  8 SUPPORTED; 1 OPPOSED

 

Notes:

SB 2024 – Voting Rights –JDL Decisionmaking on 2.9.16

SB 2096 – Feasibility Study – Transfer/Relocation of OCCC  – PSM Decisionmaking 2.16.16

SB 2199 – Phone contracts/commissions- PSM Decisionmaking on 2.16.16

CAPWATCH: 5 bills in Pub Safety Thurs 2.4 – 2 bad, 3 good

ACTION ALERTHOUSE PUBLIC SAFETY HEARING THURS. 2.4.16 @ 10 AM

5 BILLS BEING HEARD – 2 BAD; 3 GOOD
EIS exemption bill for new OCCC being heard. 

 

*** 

COMMITTEE ON PUBLIC SAFETY
Rep. Gregg Takayama, Chair
Rep. Kyle Yamashita, Vice Chair
Thursday, February 4, 2016
10:00 a.m.
Room 309

HB 2388 – EXEMPTING NEW OCCC FROM CHAPTER 343 – EIS LAW

http://www.capitol.hawaii.gov/session2016/bills/HB2388_.pdf

Creates an exemption from Hawai‘i Revised Statutes §343-5 for a jail facility to be built adjacent to Halawa Correctional Facility and funding therefore and makes clarifying amendments.     GOVERNOR

CAP POSITION:           STRONG OPPOSITION

CAP TESTIMONY:  2.4.16 PBS Testimony OPPOSING HB 2388

TALKING POINTS:      

  • The EIS law is a disclosure law to identify potential impacts BEFORE a project is developed
  • Trying to exempt the state from its own law that protects people and the environment is a bad idea
  • The people want fairness, transparency, accountability from the state when using public lands

 

HB 1721 – NEW OCCC ON HALAWA FOOTPRINT; $

http://www.capitol.hawaii.gov/session2016/bills/HB1721_.pdf

Requires the construction of a correctional facility at the Halawa Correctional Facility site to replace the existing OCCC. Requires a study on the feasibility of State redevelopment of the land that is currently occupied by OCCC. Appropriates funds.                            CACHOLA, EVANS, MIZUNO, SAY, TAKAYAMA, Rhoads

CAP POSITION:           STRONG OPPOSITION

TALKING POINTS:       (Kat is still analyzing bill and trying to be nice – will post CAP testimony tomorrow.)         

  • No community input.
  • No accountability for past funding that went…where??? ($14 million  Maui; $5 million  OCCC)
  • No analysis of who the facility is being built for.
  • Is OCCC going to continue to be the community mental health facility and the shelter facility for those living on our streets? That is a large population of OCCC.
  • Are we satisfied with hiding people away in the back of Halawa Valley where there is no public transportation instead of addressing the needs of these struggling folks?

 

HB 2188 – HAWAI`I CORRECTIONAL INDUSTRIES; OPEN MARKET SALES

http://www.capitol.hawaii.gov/session2016/bills/HB2188_.pdf

Authorizes Hawaii Correctional Industries to sell products and services on the open market to the general public. TAKAYAMA, AQUINO, BELATTI, CACHOLA, CHOY, CREAGAN, EVANS, HAR, ICHIYAMA, JOHANSON, KAWAKAMI, KEOHOKALOLE, KONG, LOPRESTI, MCDERMOTT, MIZUNO, MORIKAWA, NAKASHIMA, OHNO, POUHA, SAN  BUENAVENTURA, SAY, TOKIOKA, YAMANE, YAMASHITA, Brower, DeCoite

CAP POSITION:           STRONG SUPPORT

CAP TESTIMONY:  2.4.16 PBS Test in STRONG SUPP HB 2188

TALKING POINTS:

  • Great program that helps people develop marketable job skills
  • Instills great work ethic and values
  • We need to expand programs like this to help people get out and stay out!

 

HB 2001 – DPS – COMMISSION ON CRIMINAL JUSTICE AND SENTENCING REFORM

http://www.capitol.hawaii.gov/session2016/bills/HB2001_.pdf

Establishes a Commission on Criminal Justice and Sentencing Reform in the Governor’s Office. Requires the Commission to develop a statewide framework of sentencing and corrections policies to further reduce the State’s incarcerated population by 25% by year 2025. The Commission shall also develop a plan to reduce spending on corrections and reinvest in strategies to increase public safety and reduce recidivism.  MIZUNO, BELATTI, CACHOLA, CREAGAN, FUKUMOTO CHANG, HASHEM, ICHIYAMA, KEOHOKALOLE, KOBAYASHI, LOPRESTI, LOWEN, MORIKAWA, NISHIMOTO, POUHA, SAIKI, SAY, SOUKI, TAKAYAMA, TSUJI, Choy, DeCoite

POSITION:                   SUPPORT

TALKING POINTS:       (Kat is still analyzing the bill and will post CAP testimony tomorrow.)

  • Interesting bill!
  • The Executive Branch’s agencies now all have spin doctors or Public Information Officers.
  • The public/taxpayers  needs a  independent body that will take a hard look at what is happening here, in the US, and in other developing countries. It would not take long to figure out how the US got to be the world’s largest jail.
  • In 2009, if Hawai`i were counted as a separate nation, we would have been virtually tied for  4th as largest jailer in the world. We can do so much. We need political courage and  only the people can force that to happen.
  • In every great struggle the people were way ahead of. It’s up to us!

 

HB 2190 – PU`UHONUA COMMISSION

http://www.capitol.hawaii.gov/session2016/bills/HB2190_.pdf

Establishes the puuhonua commission within the department of public safety to help post-incarcerated persons, probationers, and parolees reintegrate into society. Creates county advisory committees to advise the commission. Establishes a special fund.    TAKAYAMA

POSITION:                   SUPPORT

TALKING TESTIMONY: 2.4.16 PBS Testimony in SUPPORT of HB 2190

 

Deliberation and debate is the way you stir the soul of our democracy. -Jesse Jackson

 

CAPWATCH: Oppose HB 1832, Thurs 2.4.16 in Human Services Committee

PLEASE OPPOSE HB 1832!

ACTION ALERTCommittee on Human Services
Rep. Dee Morikawa, Chair
Rep. Bertrand Kobayashi, Vice Chair
Thursday, February 4, 2016,
8:30 AM
House conference room 329

HB 1832 – Juvenile Justice Information

http://www.capitol.hawaii.gov/session2016/bills/HB1832_.pdf

Allows the dissemination of information from the juvenile justice information system to law enforcement agencies for purposes of the administration of law enforcement and law enforcement agency employment.

CAP POSITION:   OPPOSE

CAP TESTIMONY: 2.4.16 HUS Testimony OPPOSING HB 1832

This bill, sponsored by the Maui prosecutor, is rearing its ugly head again this session. We have defeated this bill for many years, yet it just won’t go away. It is about sharing juvenile justice information with the police. They already have access, but want more.

The Judiciary opposes this along with CAP and many child advocates.

Click here for info on how to submit testimony. 

 

CAPWATCH: Wrongful Imprisonment Bill in Judiciary, Tues. 2.2.16 at 2 pm

PLEASE SUPPORT! It’s easy…

ACTION ALERTGo to: www.capitol.hawaii.gov

  • Sign in to start an account or log in at upper right hand corner
  • When submitting testimony just put the bill number in the top box on the left
  • Click submit testimony
  • You can either download your testimony or Click Support, Oppose, or Comments
  • You can write brief comments in the box

***

COMMITTEE ON JUDICIARY
Rep. Karl Rhoads, Chair
Rep. Joy San Buenaventura, Vice Chair
Tuesday, February 2, 2016
2:00 p.m.
Conference Room 325

HB 1046 – WRONGFUL IMPRISONMENT (JUD, FIN)

http://www.capitol.hawaii.gov/session2016/bills/SB1046_.pdf

Provides compensation and services to persons who can demonstrate they were wrongfully convicted of a crime and imprisoned.

RHOADS, MIZUNO, TAKUMI, WOODSON

CAP POSITION:         STRONG SUPPORT

CAP TESTIMONY: 2.2.16 JUD Testimony HB 1046

TALKING POINTS:

  • This is a question of fairness – the state incarcerates those who cause harm; conversely the state must take responsibility for the harm it causes and compensate the individuals who was harmed
  • All 50 states provide victim restitution; only 30 provide compensation for wrongful imprisonment
  • The state of Hawai`i provides no compensation and not even an apology to the person it harmed

CAPWATCH Action Alert: OCCC Relocation Could Be Almost A Half-Billion-Dollar Proposition

ACTION ALERTWe feature another great article by Rui Kaneya of Civil Beat. This is from the informational briefing on relocating OCCC yesterday. It was information-lite. On one hand DPS said they are developing a Request for Proposals and on the other they say they have chosen Halawa as the site. The community voice has been absent throughout this process when it is commonly known that when a development is proposed, site selection is one of the most important considerations. The fact that the Ige administration is trying to avoid the EIS process is infuriating and another affront to the community.  We need to send emails to all legislators telling them we do not accept avoiding an EIS.

You can address your email to: reps@capitol.hawaii.gov;sens@capitol.hawaii.gov

Here is a proposal that Kat wrote on behalf of CAP along with Lorenn Walker, a justice researcher and submitted to DPS in December 2013 when they issued a “Request for Information”. They did not even receive the courtesy of a reply. You will see from this proposal that there are things we can do to reduce the imprisoned population right now.

It makes one wonder, just who is benefitting from this plan?

***

OCCC Relocation Could Be Almost A Half-Billion-Dollar Proposition

The Ige administration is looking at various financing options for building a new Oahu Community Correctional Center in Halawa Valley, lawmakers are told.

Rui Kaneya, January 28, 2016, Civil Beat

***

As we  experience our government moving further and further away from the people, it is up to us to make our voices heard. Edward R. Murrow, a journalist back in the day said it best,..

“A nation of sheep will beget a government of wolves.”
-Edward R. Murrow

 

 

CAPWATCH: 5 bills on Tuesday, Feb 2 – 1 BAD; 4 GOOD!

5 JUSTICE BILLS BEING HEARD ON:
TUESDAY, FEBRUARY 2, 2016 IN 2 COMMITTEES

ACTION ALERTCAP testimony is included below for 4 of the bills. Check back for testimony on the fifth bill. 

Click here for info on how to submit testimony.

***

COMMITTEE ON HUMAN SERVICES
Rep. Dee Morikawa, Chair
Rep. Bertrand Kobayashi, Vice Chair
Tuesday, February 2, 2016
9:00 a.m.
Room 329

HB 1666 – ALTERNATIVE SCHOOLS FOR JUVENILES INVOLVED IN THE JUSTICE SYSTEM

http://www.capitol.hawaii.gov/session2016/bills/HB1666_.pdf

Appropriates funds to the department of education for two alternative schools to provide ongoing education to juveniles involved in the justice system or at risk of involvement in the justice system. SOUKI (Hon Prosecutor’s Pkg)

CAP POSITION:           OPPOSE

CAP Testimony: 2.2.16 HUS Testimony OPPOSING HB 1666

TALKING POINTS:

  • While mainstreaming students is happening, the prosecutor is proposing to do the opposite
  • Youth that are involved in the juvenile justice system need supports from their family, school and community
  • Nearly half have been arrested for status offenses such as running away from home or being truant from school
  • They are already stigmatized and traumatized by their involvement with the law enforcement and court systems. They should not be stigmatized further by removal from their home school and friends into an alternative school placement

*****

COMMITTEE ON PUBLIC SAFETY, INTERGOVERNMENTAL AND MILITARY AFFAIRS
Sen. Clarence Nishihara, Chair
Sen. Will Espero, Vice Chair
Tuesday, February 2, 2016
1:20p.m.
Room 229

SB 2480 – AUDIT OF CORRECTIONAL COMMISSARIES  http://www.capitol.hawaii.gov/session2016/bills/SB2480_.pdf

Appropriates funds for the auditor to conduct an audit of the correctional facility commissaries. NISHIHARA, BAKER, KEITH-AGARAN, KIDANI, WAKAI, Espero

CAP POSITION:           SUPPORT       

TALKING POINTS:

  • The prices charged for items such as toiletries are outrageous compared to prices in the community
  • Families and loved ones who can least afford it, end up paying for these necessities
  • The department says that they use the proceeds for programs and recreation
  • It’s about time for an audit to get a full accounting of how much money they take in each year and how it is spent

 

SB 2629 – PU`UHONUA COMMISSION

http://www.capitol.hawaii.gov/session2016/bills/SB2629_.pdf

Establishes the puuhonua commission within the department of public safety to help post-incarcerated persons, probationers, and parolees reintegrate into society. Creates county advisory committees to advise the commission. Establishes a special fund.  ESPERO, INOUYE, SHIMABUKURO, Baker, Galuteria

CAP POSITION:           SUPPORT       

CAP Testimony: 2.2.16 PSM Testimony in SUPPORT of SB 2629

TALKING POINTS:

  • There are many good people on this working group
  • Using traditional practices to help people reintegrate is a good strategy
  • Creating county committees is a good idea

 

SB 2630 – SALE OF CRAFTS BY INCARERATED PERSONS

http://www.capitol.hawaii.gov/session2016/bills/SB2630_.pdf

Allows committed persons to create approved products and crafts that may be sold through the correctional industries (HCI) program to the public. Requires that all moneys collected from the sale of products and crafts to be deposited into either the correctional industries revolving fund or the committed person’s account. Repeals the prohibition of the sale of such products on the open market.           ESPERO, NISHIHARA

CAP POSITION:           SUPPORT       

CAP Testimony: 2.2.16 PSM Test in STRONG SUPP SB 2630

TALKING POINTS:

  • This program (HCI) is self-sustaining and is run by a dynamite woman who sees the big picture and is helping people to develop skills and learn work ethics
  • This bill allows open market sales of products and crafts made by incarcerated individuals
  • 25% goes into the program fund and 75% goes to the individual’s account. This is a great incentive!

 

SB 2631 – APPROPRIATION FOR WORK FURLOUGH PROGRAMS

http://www.capitol.hawaii.gov/session2016/bills/SB2631_.pdf

Appropriates funds to the department of public safety for the expansion of work furlough programs.

ESPERO, NISHIHARA, Baker

CAP POSITION:           SUPPORT       

CAP Testimony: 2.2.16 PSM TESTIMONY IN SUPPORT OF SB 2631

TALKING POINTS:

  • This bill appropriates $250,000 to DPS for work furlough programs
  • Expanding work furlough is a great strategy for reentry IF the preparation of the individuals is earnest
  • Just as drug treatment works best when there is a treatment readiness program before treatment; work furlough needs something similar to help people safely return to their communities  (A lack of preparation for the participants of work furlough is the current problem with the program)

 

CAP Testimony on 1.28.16 Bills

From Kat:

ACTION ALERTAloha Justice Advocates!

I called Chair Nishihara’s office this morning to inquire about SB 2096 because the language was confusing. I wanted to make sure that the Chair knew that the proposal is not to move OCCC into HCF but the proposal is to build a new BIG  jail on the state property in Halawa near HCF.

The staff person admitted the wording was confusing, but they knew that it was not to move OCCC into HCF.

Pdfs of CAP testimony on both bills:

1.28.16 PSM Test COMMENTS SB 2096 (phone call commissions)

1.28.16 PSM Test SB 2199 (moving OCCC)

Mahalo for caring about justice. We are going to have speak very forcefully against no EIS re the new OCCC.  I think they were hoping that it would slip under the radar. Now we need to shine a big, bright beacon onto what is really happening.  
A VIBRANT DEMOCRACY DEMANDS PARTICIPATION!
Mahalo for speaking truth to power!

To care for anyone else enough to make their problems one’s own, is ever the beginning of one’s real ethical development.
-Felix Adler

CAPWATCH: 2 More Bills on THURS 1.28.16

2 more bills being heard THURSDAY, 1.28

ACTION ALERTCOMMITTEE ON PUBLIC SAFETY, INTERGOVERNMENTAL, AND MILITARY AFFAIRS
Senator Clarence K. Nishihara, Chair
Senator Will Espero, Vice Chair

Thursday, January 28, 2016
1:15 p.m.
Conference Room 229

SB 2096           FEASIBILITY & IMPACT STUDY OF MOVING OCCC TO HALAWA $             PSM,WAM

Requires DPS to conduct a feasibility study on transferring the inmates and operations of  OCCC to Halawa, while maintaining the inmates and operations of Halawa correctional facility at Halawa.       NISHIHARA, TOKUDA, WAKAI, Baker, Espero, Kidani, Slom     http://www.capitol.hawaii.gov/session2016/bills/SB2096_.pdf

From Kat: This bill is confusing because it seems to assume that OCCC imprisoned persons will be moved into Halawa Correctional Facility. This cannot be done because Halawa is a prison and OCCC is a jail. I will call the Chair’s office tomorrow and get back to you on this one…

SB 2199           DPS – NO COMMISSION ON INMATE PHONE CALLS                                              PSM,WAM

Prohibits the department of public safety from receiving any commission payments from  telephone service providers based on inmate phone calls.

ESPERO, Baker, Inouye, Nishihara, Slom
http://www.capitol.hawaii.gov/session2016/bills/SB2199_.pdf

CAP Position:             CAP SUPPORTS! 

Talking Points:

  • Keeping imprisoned people connected to their loved ones is a crucial reentry strategy
  • This commission thing has been a huge scam that the FCC has finally addressed – stop the slush fund!

If no commissions are allowed; there must be a provision to reduce the cost of the calls

 

CAPWATCH HEADS UP: Must defeat these bills!

From Kat:

CAPWATCHWhat a shock I received this morning as I continued to download House and Senate Justice bills and these two bills from the Governor’s package appeared:

HB 2388 – EXEMPTING NEW OCCC FROM CHAPTER 343 – EIS LAW

Creates an exemption from Hawai‘i Revised Statutes §343-5 for a jail facility to be built adjacent to Halawa Correctional Facility and funding therefore and makes clarifying amendments.

http://www.capitol.hawaii.gov/session2016/bills/HB2388_.pdf

SB 2917 – EXEMPTING NEW OCCC FROM CHAPTER 343 – EIS LAW

Creates an exemption from Hawai‘i Revised Statutes §343-5 for a jail facility to be built adjacent to Halawa Correctional Facility and funding therefore and makes clarifying amendments.

http://www.capitol.hawaii.gov/session2016/bills/SB2917_.pdf

Not 24 hours after the state of the state address, where Governor Ige spoke about TRUTHFULNESS saying:

“It begins with being truthful. We, in government, are obligated to be truthful, even when the truth is not easy or popular. When we live without truth, our actions fail to pass the test of time. Moreover, we tend to repeat our mistakes because we have not learned from them.

The community has not been engaged in anything to do with this proposal. We are being told what the plans are, despite the law. The only partnering is with the private sector (developers). 

  • 353-16.37  Community partnering. Regardless of the method for funding new prison facilities, the department of public safety shall develop and implement a community partnering process to be incorporated into the request for proposal; this partnering process shall include a community hearing for the purpose of soliciting community input.

The only time the Governor spoke about engaging the community, it was about engaging the Kalihi community on what should happen to the OCCC land on Dillingham. Absolutely NO ENGAGEMENT of the Justice community on this new proposal.

In speaking about his new OCCC plan, the Governor said, “One of the harshest realities facing us today is that we need to tear down the Oahu Correctional Facility in Kalihi and build a new facility in Halawa. The jail is severely overcrowded and in disrepair and we must take action.Therefore, I am introducing a bill to move this forward.”

I guess the Governor forgot to mention that he was going to do this WITHOUT ANY ENVIRONMENTAL REVIEW AND NO PUBLIC INPUT, which is what would happen if his plan to exclude this project from Chapter 343 prevails.

Why are environmental reviews important?

Every development proposal has potential impacts and it is important to identify them up front. It gives the community a chance to weigh in on a project, it demands a thorough review of the “No Build” alternative (it appears the administration does not want to consider), and promotes transparency in the use of state funds.

The other law passed in 1998 states:

  • 353-16.35  Development or expansion of in-state correctional facilities.(a)  Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of private in-state correctional facilities or public in-state turnkey correctional facilities to reduce prison overcrowding; provided that if an environmental assessment or environmental impact statement is required for a proposed site or for the expansion of an existing correctional facility under section 343-5, then notwithstanding the time periods specified for public review and comments under section 343-5, the governor shall accept public comments for a period of sixty days following public notification of either an environmental assessment or an environmental impact statement.

(b)  Any development or expansion proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:

(1)  The percentage of low, medium, and high security inmates and the number of prison beds needed to incarcerate each of the foregoing classes of inmates;

(2)  The facility’s impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;

(3)  The facility’s impact on available modes of transportation, including airports, roads, and highways; and

(4)  A useful life costs analysis.

(c)  For the purposes of this section, “useful life costs” means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation. [L 1998, c 227, pt of §5; am L 2003, c 221, §1]

(So it appears that the fact that the legislature passed this law to give the community a chance to weigh in is proving to be problematic for this administration. How shameful when just hours before there was all this talk about truth and compassion.)

The Governor then went on to say,The facility will be designed to take advantage of all that we have learned about incarceration, and the need to give inmates a real opportunity to change their lives….”

What? The purpose of the Justice Reinvestment Initiative (JRI) is to REDUCE THE IMPRISONED POPULATION. I spoke to Sen. Ige when he was the WAM Chair about JRI in 2014 and gave him a counter-proposal that CAP wrote with suggestions for reducing the imprisoned population and the building of any new facilities. I also had a meeting with Gov. Ige’s staff about JRI a few months ago. Apparently the Governor’s response was that he would implement JRI AFTER OCCC is relocated and built.

In yesterday’s speech Gov. Ige spoke about GOVERNING WITH COMPASSION saying, “Governing in the right way is about people. That’s why we will do what needs to be done with compassion.”

This is so incredibly disappointing, but very revealing. Makes one wonder just what “people” the Governor is talking about.

WE NEED LOTS OF VOICES TO DEFEAT THESE BILLS that open a very wide door to gut project reviews. As a community, WE SHOULD ALL BE OUTRAGED!

Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation.
– 
Atifete Jahjaga