Report Title:

Programs for Women Offenders

 

Description:

Requires the department of public safety to develop and implement gender-specific community-based programs for women offenders to achieve gender equity in correctional programming.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

74

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CORRECTIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In recent years, the number of incarcerated women has increased at an alarming rate. Nationally, women are six per cent of the prison population. In Hawaii, however, women are eleven per cent of the prison population. While the male prison population doubled between 1985 and 1995, the female population tripled, largely due to harsh sentencing that incarcerates female nonviolent first-time drug offenders.

Research establishes that women inmates have different needs than male inmates, resulting in part from female offenders' disproportionate victimization from sexual or physical abuse and their responsibility for children. Women offenders are more likely to be addicted to drugs, have a mental illness, and to have been unemployed before incarceration than male offenders.

Research establishes that the majority of women in prison are nonviolent and could be serving their time in community-based gender-specific programs.

Research also indicates that correctional strategies that are gender-specific and community-based are needed to give women offenders the life skills they need to get out of the criminal justice system and to make positive healthy choices for themselves and their families.

Women offenders need gender-specific services that address substance abuse, family relationships, vocational education and work, and prior victimization and domestic violence. They also need transitional housing and aftercare services to help them adjust to living in the community and reuniting with their children and families.

For children, the loss of contact with their mother is the most devastating effect of her incarceration. Half of these children never visit their mothers in prison and the other half visit infrequently, with geographical proximity being the biggest barrier to visitation.

Because regular visits are the best indicator of families' successful reunification after release, it is critical that gender-specific community-based programs for female offenders be close to children and family. Many of Hawaii's female inmates are incarcerated outside of Hawaii, making visitation with family and children impossible or very difficult. Other problems associated with women offenders in Hawaii include a lack of female correctional officers; under service by the therapeutic community; drug courts being available only on Oahu and Maui; the decreasing availability of rehabilitation programs, and a paucity of gender-specific community-based programs.

The legislature recognizes that the needs of incarcerated women are different from the needs of incarcerated men and require approaches tailored to their specific characteristics and situations. The legislature therefore supports the appropriation of funds to immediately provide additional gender-specific community-based program beds for community status female offenders.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Gender-specific community-based programs for women. The department of public safety shall develop and implement gender-specific community-based programs for women offenders to achieve gender equity in correctional programming. To provide women offenders the same range of opportunities as male offenders and ensure that women's needs are met to the same extent as men's needs, this programming shall include:

(1) Program models designed to address women's needs;

(2) Individualized case management to help women offenders set and achieve goals;

(3) Life skills development workshops, including budgeting and money management, and a sound nutritional and exercise component;

(4) Family-focused programming;

(5) Peer support and the development of peer networks;

(6) Highly skilled staff experienced in working with women and their concerns;

(7) Formal recognition of participant achievement;

(8) Ongoing attention to building community-based support;

(9) Geographical proximity to children and family; and

(10) The goal of providing a gender-specific continuum of care."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, and the same sum, or so much thereof as may be necessary for fiscal year 2002-2003, to carry out the purposes of this Act. The sum appropriated shall be expended by the department of public safety.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2001.

INTRODUCED BY: