HB 1769

HOUSE OF REPRESENTATIVES
H.B. NO.
1769
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
S.D. 1
A BILL FOR AN ACT
RELATING TO CORRECTIONAL FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION
1.� The legislature finds that Hawaii's long-standing
reliance on incarceration, including the use of private, for-profit
correctional facilities located outside the State, has caused significant harm
to incarcerated persons, their families, and communities.� The practice of transferring Hawaii inmates
to the continental United States separates individuals from their ohana,
culture, and support systems; undermines rehabilitation; and creates barriers
to successful reentry.� Findings of the
House Concurrent Resolution No. 85 task force (task force) concluded that mass
incarceration has not improved public safety, imposes high fiscal and social
costs, and fails to address the underlying causes of criminal behavior.
���� The
legislature further finds that the continued use of out-of-state private
prisons weakens accountability, limits transparency, and prioritizes cost
containment over rehabilitation and public safety.� Reports and community testimony demonstrate
that incarceration far from home increases trauma, disrupts family unity, and
contributes to higher rates of recidivism.�
Consistent with the task force's recommendations, the State must
transition toward a corrections system that emphasizes treatment,
rehabilitation, and community-based alternatives rooted in evidence-based and
culturally responsive practices.
���� The
legislature recognizes that Native Hawaiians and other disproportionately
affected communities are overrepresented at every stage of the State's criminal
legal system and are more likely to experience incarceration, extended
confinement, and out-of-state exile.�
These disparities reflect historical, structural, and systemic
inequities, including the erosion of land, culture, and
self-determination.� The separation of
Native Hawaiian inmates from their ʻaina,
language, and cultural practices further compounds intergenerational harm.� Addressing mass incarceration and ending the
use of private, out-of-state prisons is necessary to advance racial equity;
honor the State's constitutional commitments; and promote healing, justice, and
community well-being.
���� Therefore,
the purpose of this Act is to require the director of corrections and
rehabilitation to incrementally return committed felons incarcerated in
private, out-of-state correctional institutions to in-state correctional
facilities.
���� SECTION 2.� Section 353-16.2, Hawaii Revised Statutes, is
amended to read as follows:
���� "�353-16.2�
Transfer of inmates to out-of-state institutions.� (a)�
The director may effect the transfer of a committed felon to any
correctional institution located in another state regardless of whether the
state is a member of the Western Interstate Corrections Compact; provided that
the institution is in compliance with appropriate health, safety, and
sanitation codes of the state, provides a level of program activity for the
inmate that is suitable, and is operated by that state, by any of its political
subdivisions, or by a private institution; [[and]] provided further that
the transfer is either:
���� (1)� In
the interest of the security[[,]] or management of the correctional
institution where the inmate is presently placed, or the reduction of prison
overcrowding; or
���� (2)� In
the interest of the inmate[[.]];
provided
further that beginning on July 1, 2027, the director shall return five per cent
of the number of committed felons incarcerated in private, out-of-state
correctional institutions as of July 1, 2027, to in-state correctional
facilities; provided further that beginning on July 1, 2028, the director shall
return ten per cent of the number of committed felons incarcerated in private,
out-of-state correctional institutions as of July 1, 2028, to in-state
correctional facilities; provided further that beginning on July 1, 2029, the
director shall return fifteen per cent of the number of committed felons
incarcerated in private, out-of-state correctional institutions as of July 1,
2029, to in-state correctional facilities; provided further that beginning on
July 1, 2031, and each year thereafter, the director shall return a number of
committed felons equal to five per cent of the number of committed felons
incarcerated in private, out-of-state correctional institutions as of July 1 of
that year to in-state correctional facilities.
���� As used in this subsection,
"private, out-of-state correctional institution" includes any
correctional institution outside the State operated for profit or under a
public-private partnership.
���� (b)�
Terms and conditions of the transfer and any reimbursement for expenses
shall be agreed upon between the department and the out-of-state correctional
institution prior to transfer.
���� (c)�
The department shall submit a report to the legislature no later than
twenty days prior to the convening of the regular session of 2027 and each
regular session thereafter on its actions and progress in effectuating the
return of the number of committed felons incarcerated in private, out-of-state
correctional institutions to in-state correctional facilities, as required by
subsection (a)."
���� SECTION 3.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 4.� This Act shall take effect on July 1, 3000.
Report Title:
Corrections;
Private, Out-of-state Prisons; Return to In-state Correctional Facilities;
Reports
Description:
Requires
the Director of Corrections and Rehabilitation to incrementally return
committed felons incarcerated in private, out-of-state correctional
institutions to in-state correctional facilities.� Requires reports to the
Legislature.� Effective 7/1/3000.� (SD1)
The summary description
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not legislation or evidence of legislative intent.