The state Department of Corrections and Rehabilitation wants the state Legislature to loosen a law that sets stronger regulations on the use of solitary confinement on incarcerated individuals.
DCR Director Tommy Johnson told lawmakers that the department is currently unable to comply with the law.
But an analysis by Office of Hawaiian Affairs staff showed that the changes would likely erode the intent of the law.
“ Act 292 was enacted with a clear and expressed purpose, which is to meaningfully restrict the use of restrictive housing and ensure less restrictive, more humane housing for paʻahao, particularly for vulnerable populations,” said OHA Public Policy Advocate McKenna Woodward.
“In my assessment, the department's proposed amendments materially undermine that intent by narrowing procedural protections, shifting decision-making authority in ways that reduce independent review, expanding discretionary exceptions that allow restrictive housing to continue under different labels, and weakening enforceable standards in favor of aspirational language, such as 'strive', 'attempt', and 'if practicable.'”
Some of the changes include no longer requiring the department to provide a person in protective custody opportunities for activities, movement and social interaction. It would instead say that the department should strive to do those things.
It would also remove a provision that says during a facility-wide lockdown, a committed person cannot be held in solitary confinement for more than 30 consecutive days, or more than 45 days total during a 60-day period.
The department's proposed changes will be considered by the Legislature when it reconvenes next month.
