STAND. COM. REP. NO. 1560

 

Honolulu, Hawaii

                  

 

RE:    H.C.R. No. 27

       H.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Public Safety and Military Affairs, to which was referred H.C.R. No. 27, H.D. 1, entitled:

 

"HOUSE CONCURRENT RESOLUTION REQUESTING A STUDY OF DISPARATE TREATMENT IN HAWAII'S CRIMINAL JUSTICE SYSTEM,"

 

begs leave to report as follows:

 

     The purpose of this measure is to request a study of disparate treatment of Native Hawaiians in Hawaii's criminal justice system.

 

     Testimony in support of this measure was submitted by one state agency, three organizations, and one individual.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

 

     Your Committee finds there is compelling evidence that Native Hawaiians have received disparate treatment in the Hawaii criminal justice system.  According to recent studies, Native Hawaiians account for twenty per cent of the total population of the State but around forty per cent of the State's prison population.  Native Hawaiians average twenty-three per cent of all arrests in the State, and are twice as likely to be incarcerated as any other group.  Native Hawaiian males and females make up forty-five per cent of all parolees statewide, and scholars have concluded that Native Hawaiians are at the greatest risk of being re-arrested and returning to prison.

 

     The high rates of incarceration have profound implications for Native Hawaiians.  For example, almost sixty per cent of children placed in child protective services are Native Hawaiian.  Of those children, eight per cent to thirty-three per cent have incarcerated parents.  Studies suggest that adult children of incarcerated mothers are two and one-half times more likely to be incarcerated than adult children of incarcerated fathers.  Ninety‑five per cent of the one hundred twenty female Hawaii inmates incarcerated at a single mainland facility are mothers.

 

     Thirty-nine per cent of the 1,844 inmates from the State who are residing in mainland facilities are Native Hawaiian, and there is a growing concern that if Native Hawaiian inmates continue to be transferred to mainland facilities, further removed and disconnected from their families, it may lead to a higher recidivism rate and adversely contribute to their children's behavior.

 

     A careful study with a multi-method approach which includes quantitative and qualitative analysis has the potential to produce favorable policy reforms which address the disparate treatment of Native Hawaiians.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 27, H.D. 1, and recommends its adoption.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

 

 

 

____________________________

WILL ESPERO, Chair