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HI HB1812

Bill

Status

Engrossed

3/5/2024

Primary Sponsor

Mark Hashem

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Restricts use of solitary confinement in state-operated and state-contracted correctional facilities, permitting it only when there is clear and convincing evidence that a committed person poses substantial risk of immediate serious harm to themselves or others and less restrictive interventions are insufficient.

  • Prohibits solitary confinement for members of vulnerable populations (ages 21 or younger, 60 or older, those with mental illness, developmental disabilities, serious medical conditions, pregnancy-related conditions, or LGBTQ+ individuals), requiring alternative placements in specialized units or psychiatric facilities instead.

  • Requires medical and mental health examinations before placement, initial hearings within 24 hours with right to representation by independent hearing officer, and daily clinical evaluations with immediate removal if vulnerability is determined.

  • Limits disciplinary solitary confinement to 15 consecutive days or 20 days total per 60-day period during facility-wide lockdowns; allows emergency confinement only for up to 24 hours; requires maximum out-of-cell time for recreation, education, and social interaction.

  • Mandates Department of Corrections develop written policies and procedures by July 1, 2025; requires Hawaii Correctional System Oversight Commission to review all housing placements involving 20+ hours of cell confinement; requires status report to legislature by 2026.

Legislative Description

Relating To Corrections.

Report

Last Action

Referred to PSM, JDC/WAM.

3/7/2024

Committee Referrals

Public Safety, Intergovernmental and Military Affairs3/7/2024
Judiciary & Hawaiian Affairs2/13/2024
Corrections, Military, & Veterans1/24/2024

Full Bill Text

No bill text available