CAPWATCH Update: Bills from Feb. 16 – 25, 2016

CAPWATCH UPDATE

CAPWATCHHere is a quick update on what happened to bills from 2.16 – 2.25.15:

ALTERNATIVE SCHOOLS FOR YOUTH INVOLVED IN JUVENILE JUSTICE SYSTEM

SB 2110 – DEFERRED BY JDL 2.16.16

We did it again! All 4 bad juvenile justice bills are dead. Mahalo!

 

CONSTITUTIONAL AMENDMENT RE RIGHTS OF CRIME VICTIMS

SB 679 – DEFERRED BY JDL 2.10.16

SB 3034 – PASSED BY JDL w/ SD1 2.10.16;  PASSED BY WAM w/ SD2 2.24.16

HB 1144 – PASSED BY JUD 2.9.16 , (needs FIN hearing)

CAP’s objection to amending the constitution is that it doesn’t really address the needs of victims. Most of the “rights” are already in statute, the problem is that victims say that they feel abandoned by prosecutors, who don’t provide the support and inclusion that they promise. CAP would much rather see legislation that forces the prosecutors to provide real support and services all the way through an individual’s case. A con am is just another out for the prosecutors.

 

DRUG PARAPHERNALIA

SB 2179 – DEFERRED BY PSM  2.16.16;  DEFERRED BY JDL  2.17.16

Dead with no explanation!

 

EARNED INCOME TAX CREDIT

SB 2299 – Decisionmaking in WAM 2.29.16

 

ELECTRONIC MONITORING

SB 2147 – PASSED BY JDL & PSM W/ SD1 (with GPS specifically) 2.16.16(needs WAM hearing)

http://www.capitol.hawaii.gov/session2016/bills/SB2147_SD1_.HTM

The committee report says: “your Committees find that global positioning system monitoring devices offer significant cost benefits over traditional electronic monitoring devices.” CAP still has mixed feelings; however, it is better than being in OCCC!

 

GREENHOUSES/SHADE HOUSES FOR MEDICAL MARIJUANA PRODUCTION

SB 2523 SD1 – PASSED BY CPH w/SD1 2.18.16

http://www.capitol.hawaii.gov/session2016/bills/SB2523_SD1_.pdf

The amendments were pretty much what the Task Force worked out – not visible from any streets; allows greenhouses and shade houses behind shaded fence; disallows open air growing and puts a 2050 date so the bill can have more discussion.

 

HAWAI`I CORRECTIONAL INDUSTRIES – SALE OF PRODUCTS TO PUBLIC

SB 2630 – PASSED BY WAM 2.25.16 w/SD1

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

Read WAM Testimony:

http://www.capitol.hawaii.gov/Session2016/Testimony/SB2630_TESTIMONY_WAM_02-25-16.PDF

Haven’t seen the SD1, but the department’s amendments seem to whittle what the HCI workers get. It is a start and Kat will talk to HCI about this. In any case, this is better than the current situation.

 

NALOXONE – (OVERDOSE PREVENTION)

SB 2392 – PASSED BY WAM w/ SD2 2.23.16 (SD2 not available)

http://www.capitol.hawaii.gov/session2016/bills/SB2392_SD1_.pdf

Naloxone is a non-narcotic Opioid antagonist that blocks opioids, like heroin and oxycodone, yet has no potential for abuse and side effects are rare. When administered during an overdose, it blocks the effects of opioids and restores breathing within 3 minutes.

This is an important bill since Hawai`i deaths from opoid poisoning is alarming:

  • From 2010-2014, drug poisoning/overdose was the leading cause of fatal injuries in Hawai’i — surpassing falls, motor vehicle, drowning and other injury-related deaths.
  • In Hawai’i there were 155 deaths in 2014 from drug poisonings/overdose with a total of 1,465 over the past decade

 

NEW OCCC & MCCCC

HB 2388 HD2 – PASSED BY EEP/WAL w/ HD2 2.16.16

http://www.capitol.hawaii.gov/session2016/bills/HB2388_HD2_.pdf

The committee amended the bill by removing the exemption from environmental impact statement or assessment requirements for a correctional facility built on an existing parcel of the Halawa Correctional Facility and restoring the sixty day public comment period following notification of either an environmental assessment or environmental impact statement.

PASSED BY FIN w/HD3  2.24.16 (HD3 not available)

Read Testimony:

http://www.capitol.hawaii.gov/Session2016/Testimony/HB2388_HD2_TESTIMONY_FIN_02-24-16_.PDF

PROBLEMS W/ HD2::

  1. The bill now only removes the exemption if OCCC is moved to Halawa.
  2. An environmental review is specifically mandated for MCCC, but not OCCC.
  3. The AG and DPS have asked for amendments. Here’s a sneaky one….” The Department would like to propose the deletion of the words“turnkey” on Page 4, Line 20 and “turn-key” on Page 10, Line 7 of the bill to allow for more flexibility in the procurement method to be employed for the new facilities. (emphasis added).

What does that mean? It could mean that they are planning to move it to Halawa and call it just an extension, (which it is not!). §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.

 

SB 2917 SD 1 – PASSED BY PSM w/SD1 2.16.16 (needs WAM hearing)

http://www.capitol.hawaii.gov/session2016/bills/SB2917_SD1_.pdf

Different from the House bill but maybe even worse. The committee amended the bill by: 1) )  allowing DPS more flexibility in procurement methods for development or expansion of in-state correctional facilities;  (2)  removing language exempting the proposed development of a new community correctional facility from the requirement for an environmental assessment (good but a mere bone for the community);  (3) removing language reducing the period of public comment before expansion or construction (ditto); (4)  increasing the capacity of the proposed facility from 1,000 to 1,250 beds (yes, let’s avoid our social responsibility to help those who live unsheltered or to those suffering from mental illness, substance abuse by continuing to use jails as a solution) ; (5)  Expanding the use of the appropriated funds to the construction, development, leasing, and otherwise providing for jail facilities;

PAYDAY LOANS/PREDATORY LENDING Why are we not facing things head on? There are so many things we could do right now to make things better. This whole jail-building, rail-bankrupting mania is a kehea (a call) to all of us to wake up. We have to have many eyes on this process…it is really starting to stink. There appears to be an effort to shut out the community voice by removing certain words from, and ultimately the intent of, some laws. Why?

 

SB 2679 – PASSED BY CPH w/SD1 (not yet available)

http://www.capitol.hawaii.gov/session2016/bills/SB2679_.HTM

 

REENTRY PILOT PROJECT

SB 2198 SD1 – PASSED BY PSM w/ SD1 2.16.16; PASSED BY JDL w/ SD1 2.17.16 (needs WAM hearing)

http://www.capitol.hawaii.gov/session2016/bills/SB2198_SD1_.HTM

The department is talking a lot about reentry. CAP wants to support all reentry efforts that involve the community and ensure that the money is spent actually helping folks successfully reintegrate back to their communities.

 

RELEASE OF CERTAIN MISDEMEANANTS

HB 2391 – PASSED BY PBS w/HD1 (needs JUD hearing)

http://www.capitol.hawaii.gov/session2016/bills/HB2391_HD1_.pdf

This is one of the pressure valves the department has to relieve overcrowding. The 12.7.16 population numbers show there were 145 sentenced misdemeanants and 126 pre-trail misdemeanants (271 incarcerated individuals) that cost the taxpayers $37,127 a day and $1,113,810 a month. Even if only half of those persons are eligible, that is still more than half a million a month that could be used for services/programs.

 

VOTING RIGHTS FOR THE INCARCERATED

HB 2773 – PASSED JUD w/ HD1 2.25.16 (HD1 not available yet)

http://www.capitol.hawaii.gov/session2016/bills/HB2773_.pdf

Don’t know what the amendments were. Will let you know. Glad this bill is moving – we might get somewhere in conference committee!

 

We need to discern who we are and expand on our humanness and sacredness. That’s how we change the world, which happens because WE will be the change.
– Grace Lee Boggs

 

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