Bill Text: HI SB782 | 2025 | Regular Session | Introduced
Bill Title: Relating To Youth And Adult Correctional Facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-31 - The committee(s) on PSM/CPN has scheduled a public hearing on 02-05-25 9:30AM; Conference Room 229 & Videoconference. [SB782 Detail]
Download: Hawaii-2025-SB782-Introduced.html
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THE SENATE |
S.B. NO. |
782 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to youth and adult correctional facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the high cost of jail and prison communication services is a significant economic drain for incarcerated persons and their families. The Ella Baker Center for Human Rights found that one in three families with an incarcerated loved one goes into debt to pay for communication services and visits. In Hawaiʻi, these costs disproportionately impact Native Hawaiians, Pacific Islanders, and other people of color. According to the Ella Baker Center's research, eighty-seven per cent of those who go into debt for jail and prison communication services are women of color.
The legislature recognizes the importance of communication services for persons who are incarcerated. Maintaining family and community connections is key for successful reentry into society. Many incarcerated persons will reside with their families after release, and research has shown that incarcerated individuals who maintain ties with their support networks have higher success rates and lower recidivism rates. Therefore, regular communication between incarcerated persons and their families benefits public safety.
The legislature also recognizes that many states support the provision of free communication services to jails and prisons. In 2018, New York City began offering these services at no charge in its city jails. In 2021, Connecticut became the first state to offer free communication services in its state prison system. In 2022, California passed a law that makes phone calls free of charge for the ninety-three thousand people incarcerated in the state's prison system. In addition, Colorado, Massachusetts, and Minnesota have since also passed laws to eliminate communication service fees in their prisons and, in some cases, jails.
Finally, the legislature acknowledges the recent work of the Federal Communications Commission (FCC) in passing new regulations that substantially reduce the rates for phone and video calls from prisons and jails and ban ancillary fees, including deposit fees. Importantly, the new regulations also prohibit state and local agencies from collecting commissions on prison and jail phone and video calls and from passing through the cost of a majority of surveillance features on such communication services. As such, the legislature recognizes that alternative funding for the Statewide Automated Victim Information and Notification system will be needed, which is currently funded through such commissions. Hawaiʻi will need to follow the FCC's compliance schedule for the new regulations and be in full compliance by January 1, 2026.
The legislature notes that the office of youth services currently does not charge or impose any costs or fees related to voice communication services for youth committed to its facilities. This Act will codify the office of youth services' practices.
Accordingly, the purpose of this Act is to require the State's youth and adult correctional facilities to provide free and accessible voice communication services for persons committed to or incarcerated in those facilities.
SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§352- Free voice communication services. (a) Each Hawaii youth correctional
facility operated or contracted by the office of youth services shall provide any
person under the guardianship or custody of the director with accessible and
functional voice communication services that are free of charge to the person
initiating and the person receiving the communication. Each facility may supplement voice
communication services with other communication services, including but not
limited to video communication and electronic mail or messaging services. Any communication provided shall not be
limited to program participation and routine facility procedures. Each facility shall maintain the same or
greater access to voice and other communication services as it allowed on
January 15, 2025.
(b) No state agency shall derive
any form of revenue or financial benefit from the provision of voice
communication services or any other communication services to a person committed
to a Hawaii youth correctional facility.
(c) Each Hawaii youth correctional
facility operated or contracted by the office of youth services shall maintain in-person
visits for persons under the guardianship or custody of the director. Communications services shall not be used to
replace any in-person visit program."
SECTION 3. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§353- Free voice communication services. (a) Each correctional facility
operated or contracted by the department shall provide any person in its
custody, including those held under an intergovernmental contract and confined
in the facilities, including privately contracted facilities, with accessible
and functional voice communication services that are free of charge to the
person initiating and the person receiving the communication. Each facility may supplement voice
communication services with other communication services, including but not
limited to video communication and electronic mail or messaging services. Any communication provided shall not be
limited to program participation and routine facility procedures. Each facility shall maintain the same or
greater access to voice and other communication services as it allowed on
January 15, 2025.
(b) No state agency shall derive
any form of revenue or financial benefit from the provision of voice
communication services or any other communication services to a person under
the custody of the department.
(c) Each correctional facility operated
or contracted by the department shall maintain in-person visits for persons in
the department's custody, including those held under an intergovernmental
contract, and confined in the facility, including any privately contracted facilities. Communications services shall not be used to
replace any in-person visit program."
SECTION 4. (a) The public utilities commission shall
establish service quality standards and rules, pursuant to Chapter 91, Hawaii
Revised Statutes, for free voice communication services provided to youth and
adult correctional facilities pursuant to sections 352- and
353- , Hawaii Revised Statutes.
(b) The commission shall
submit a report of its findings and recommendations, including any proposed
legislation, to the legislature no later than forty days prior to the convening
of the regular session of 2026.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for providing free voice communication services to incarcerated persons in the State.
The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.
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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii statewide automated victim information and notification system.
The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.
SECTION 7. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
PUC; Department
of Corrections and Rehabilitation; Communication Services; Correctional
Facilities; Hawaii Youth Correctional Facilities; Report; Appropriations
Description:
Requires the State's youth and adult correctional facilities to provide free and accessible voice communication services for incarcerated persons in state correctional facilities. Prohibits any state agency from deriving revenue or financial benefit from the provision of communication services to persons confined in state correctional facilities. Requires the Public Utilities Commission to establish service quality standards and rules for the free voice communication services. Requires a report to the Legislature. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
