Report Title:

Incarcerated Parents; Programs and Services

Description:

Develops a pilot program for a child-friendly visitation center at a state correctional facility. Appropriates funds.

THE SENATE

S.B. NO.

1775

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to social services.

 

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

SECTION 1. The legislature finds that during the 1990s, the number of incarcerated parents in the United States grew by approximately fifty-nine per cent. The legislature further finds that currently there is no means of determining the exact number of incarcerated individuals with minor children in Hawaii, due to the fact that no procedures are in place for collecting such data. An increased focus needs to be placed on the children of incarcerated individuals to maintain a parent-child bond.

Studies indicate that the children of incarcerated individuals suffer from a multitude of negative consequences, including possible displacement from their home and separation from their primary or secondary caregiver. As a result, these children experience strong emotional reactions to the incarceration and disruption in their home life, leading to a significant increase, up to six times more likely, of becoming involved in the criminal justice system themselves. State policies support the breakdown of the family through the failure to facilitate the continued relationship between incarcerated individuals and their children, when the relationship is in the best interest of the child. Instead, denial of visitation can often be used as a means of punishment or discipline of the incarcerated individuals, while those who truly suffer are instead the children. However, strengthening family relationships can lessen the possibility of future incarceration after an inmate's release from a correctional facility.

A successful model already has been developed and implemented in the State. The Supporting Keiki of Incarcerated Parents (SKIP) Project aims to strengthen families, decrease abuse and neglect of children of incarcerated parents, and decrease the occurrence of repeat incarceration. The SKIP program works with incarcerated fathers at Waiawa Correctional Facility, and has been a model for No Na Kamalii at the Maui Community Correctional Center. In addition to an educational playgroup, the program also enrolls fathers in a curriculum called Nurturing Fathers to help them develop good parenting skills. The combination of education, play and learn groups, and support groups is aimed to increase an incarcerated parent's ability to provide a safe and nurturing environment for young children.

Therefore, the legislature determines that the State should take an active role in aiding these families through the provision of assistance and services to ensure that these children may maintain strong relationships with incarcerated parents and grow into well-adjusted, contributing members of the community.

The purpose of this Act is to authorize a child-friendly visitation center that may be established at any state correctional facility to facilitate appropriate child visitation of incarcerated parents.

SECTION 2. Child-friendly visitation center. (a) Within the department of public safety, a child-friendly visitation center shall be developed. Funding shall be used for:

(1) The construction of child-friendly visitation center facilities that shall meet security requirements of state correctional facilities;

(2) Provision of a clean and enclosed facility with books, toys, and other materials that will enhance the visitation atmosphere;

(3) Research of the feasibility of private and public partnerships to raise funds and donations for the establishment and maintenance of child-friendly visitation centers;

(4) Development of parenting classes throughout the state correctional system and follow-up courses to ensure the continued use of skills learned;

(5) Provision of appropriate, necessary support services or programs to children of incarcerated parents;

(6) Determination of accurate demographic data on the families of incarcerated parents, including custody, caregiving arrangements, and needed services;

(7) Designation of a family service coordinator at the facility whose role is to facilitate contact and support reunification;

(8) Strengthening the family bond between children and parents, that may include providing support services or programs to the incarcerated parent, involving parents in decisions concerning their children's care, and enabling family visitation by incarceration location to facilitate contact; and

(9) Development of a review process to evaluate the programs.

(b) The director of public safety shall submit a report of the activities of development of the programs, including findings, recommendations, and any proposed legislation, to the legislature no later than twenty days prior to the convening of the 2006 regular session. The task force shall cease to exist on June 30, 2006.

(c) The department of public safety shall take steps to implement programs for children of incarcerated parents, as well as programs for incarcerated parents, pursuant to the recommendations of the task force. The department shall contract with nonprofit health and human service agencies, communities of faith, and other relevant agencies or organizations to establish and implement the recommended programs or services.

SECTION 3. The director of finance is authorized to issue general obligation bonds in the sum of $          , or so much thereof as may be necessary, and the same sum, or so much thereof as may be necessary, is appropriated for fiscal year 2005-2006 for the design and construction of child-friendly visitation centers at state correctional facilities.

SECTION 4. The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 5. The sum appropriated in section 3 for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2008, shall lapse as of that date.

SECTION 6. 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 2005-2006, for the statewide implementation of parenting classes and after care services for incarcerated parents.

SECTION 7. The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 8. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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