Report Title:

Female Parity; Corrections; Appropriation

Description:

Requires that the range and quality of programming offered to women in corrections be substantially equivalent to the range and quality of programs offered to males. Requires office of youth services to develop and implement gender-responsive community-based programs for adjudicated females. Appropriates funds. (HB245 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

245

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to corrections.

 

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

SECTION 1 The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PARITY FOR FEMALE OFFENDERS

§   -l Female prisoners; parity programs. Adult females charged with or convicted of crimes and juvenile females adjudicated for offenses that would be crimes if committed by an adult or who are adjudicated delinquents shall be provided a range and quality of programming substantially equivalent to the range and quality of programming offered to male persons who are similarly situated. Programs for female offenders shall be based upon the psychosocial developmental needs of female offenders.

§   -2 Model programs. Within the limits of money appropriated by the legislature specifically for the purpose, the director of public safety shall foster a gender-responsive environment by providing model gender-responsive programs for female offenders that respond to statewide needs and geographical areas and shall award grants for the programs. The gender responsive environment and programming shall:

(1) Respond in a rehabilitative way to the type of offenses female offenders generally commit, addressing pathways to crime;

(2) Respond to the problems of female offenders with dependent children;

(3) Respond to the importance of developing self-determination through independent living and marketable job skills;

(4) Assist female offenders to overcome their own extreme degree of dependency, developing strong and healthy relationships without losing self-esteem;

(5) Respond appropriately to the specific health care needs of women, including but not limited to mental health and substance abuse services;

(6) Offer transitional support for female offenders and their families to promote successful reentry into their families and communities; and

(7) Offer technical assistance and training toward the implementation of other similar programs.

§   -3 Grants-in-aid. To encourage cooperation and assist private agencies that have existing programs for female offenders, and to encourage private agencies to develop and implement new programs, the director of public safety shall make grants-in-aid to private agencies electing to participate in the grant program.

§   -4 Agency programs; proportionate costs. Where several private agencies combine to provide one or more of the programs under this chapter, the cost of each program shall be borne proportionately by the participating agencies on the basis of need or use as determined by rules adopted by the director of public safety pursuant to chapter 91.

§   -5 Duties of the director of public safety. The director of public safety shall:

(1) Review all plans for programs for female offenders;

(2) Review grant-in-aid applications or proposals for model programs and award grants for programs;

(3) Monitor the delivery of services provided under grant-in-aid programs for female offenders;

(4) Establish, by rule, a method of determining the amount or percentage of local contribution to receive a grant-in-aid under this chapter; and

(5) Collaborate with the Community Alliance on Prisons or other advocacy group in Hawaii as a resource on women's issues for the department.

§   -6 Juvenile female offenders. The office of youth services shall collaborate with the departments of human services, health, labor and industrial relations, and education, as well as with representatives of the private sector, to develop a comprehensive continuum of care to address the gender-responsive needs of juvenile females under its jurisdiction.

§   -7 Model programs. Within the limits of money appropriated by the legislature specifically for the purpose, the director of the office of youth services shall foster a gender-responsive environment by providing model gender responsive programs for juvenile females under its jurisdiction that respond to statewide needs and geographical areas and shall award grants for the programs. The gender responsive environment and programming shall:

(1) Respond in a rehabilitative way to the type of offenses juvenile females generally commit, addressing pathways to crime;

(2) Respond to the problems of juvenile females with dependent children;

(3) Respond to the importance of developing self-determination through education, employment training, special education to the learning disabled, and social, cognitive, communication, and life skills training;

(4) Assist juvenile females to overcome their own extreme degree of dependency, learning strong and healthy relationships without losing self-esteem;

(5) Respond appropriately to the specific health care needs of girls and women, including but not limited to mental health and substance abuse services;

(6) Offer transitional support for juvenile females and their families to promote successful reentry into their families, schools and communities; and

(7) Offer technical assistance and training toward the implementation of other similar programs.

§   -8 Annual report. The department of public safety and the office of youth services shall annually submit a report to the legislature not later than twenty days before the convening of the regular session on the provision of:

(1) Program descriptions;

(2) Type and costs of grants made;

(3) Name of the private agency awarded each grant; and

(4) Success of each grant in meeting program specifications.

The reports shall detail the development of the comprehensive continuum of care to address the gender-responsive needs of Hawaii’s female offenders and adjudicate youths both in state and abroad. This report shall also highlight the existing gaps in the system and include recommendations for resources needed to reach a seamless continuum of care, and other relevant information concerning the creation of a gender responsive environment for female offenders and adjudicate youths. The first report shall be submitted not later than twenty days before the convening of the regular session of 2006."

SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§352-  Gender-responsive community-based programs for female adjudicated youths. Within the limits of the appropriation made specifically for the purpose, the office of youth services shall make gender-responsive community-based programs available for female adjudicated youths by providing female adjudicated youths the appropriate range of opportunities to ensure that their needs are met. Program models designed to address the needs of female adjudicated youths shall include but are not limited to:

(1) Appropriate treatment, including but not limited to mental health and substance abuse treatment;

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

(3) Life skills development workshops, including budgeting, money management, nutrition, and exercise;

(4) Development of self-determination through education, employment training, special education to the learning disabled, and social, cognitive, communication, and life skills training;

(5) Family-focused programming, including issues of pregnancy and single parenting;

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

(7) Transitional support for female offenders and their families to promote successful reentry into their families, schools, and communities;

(8) Highly skilled staff experienced in working with female adjudicated youths and their concerns;

(9) Formal recognition of participant achievement;

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

(11) Assistance for those female juvenile adjudicated youths who need to develop a marketable job skill and a career plan;

(12) Geographical proximity to children and family;

(13) Preparation of female adjudicated youths for the resumption of their education; and

(14) The goal of providing a gender-responsive continuum of care."

SECTION 3. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353-  Gender-responsive community-based programs for female offenders. Within the limits of the appropriation made specifically for the purpose, the department of public safety shall make gender-responsive, community-based programs available for women offenders by providing women offenders the appropriate range of opportunities to ensure that their needs are met. Program models designed to address women's needs shall include but are not limited to:

(1) Appropriate treatment, including substance abuse and mental health treatment;

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

(3) Life skills development workshops, including budgeting, money management, nutrition, and exercise;

(4) Development of self-determination through education, employment training, special education to the learning disabled, and social, cognitive, communication, and life skills training;

(5) Family-focused programming, including issues of pregnancy and single parenting;

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

(7) Transitional support for female offenders and their families to promote successful reentry into their families and communities;

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

(9) Formal recognition of participant achievement;

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

(11) Assistance for those offenders who need to develop a marketable job skill and a career plan;

(12) Geographical proximity to children and family; and

(13) The goal of providing a gender-responsive continuum of care."

SECTION 4. 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 2006-2007 and the same sum or so much thereof as may be necessary for fiscal year 2007-2008 for gender-responsive community-based programs for women.

The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 5. 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 2006-2007 and the same sum or so much thereof as may be necessary for fiscal year 2007-2008 for gender-responsive community-based programs for female adjudicated youths.

The sums appropriated shall be expended by the office of youth services for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2020.