General Provisions

HRS div. 1, tit. 20, ch. 353H, pt. I

in effect

HRS §353H-1 Title

353H-1. Title This chapter shall be known and may be cited as the Community Safety Act. [L Sp 2007, c 8, pt of §2]

353H-2. Definitions When used in this chapter: "Community-based long-term support programs" include programs administered and operated by community agencies, faith-based organizations, and other entities offering support to offenders for at least one year. "Community-based programs" are programs that are administered and operated outside of a correctional facility. "Department" means the department of corrections and rehabilitation. "Institution-based programs" are services offered within a correctional facility. "Reentry programs" include programs that are located within a correctional facility. "Reintegration programs" include programs that are located within a correctional facility. "Transition programs" include programs that are located within a correctional facility. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]

HRS §353H-2.5 Offender reentry office

353H-2.5. Offender reentry office There shall be established within the department of corrections and rehabilitation an offender reentry office to oversee the development and implementation of the comprehensive offender reentry system. The offender reentry office shall: (1) Ensure that the present and future reentry needs of persons committed to correctional facilities are being evaluated and met in an effective and appropriate manner; (2) Develop and implement risk needs assessment tools to properly place offenders in programs and services; (3) Match offenders to programs and services that address risks and needs identified; (4) Monitor and record progress made by offenders while participating in prescribed programs and services; (5) Identify and make recommendations to address needs not addressed by programs and services; (6) Provide training opportunities for department staff and service providers in assessments and evidence-based practices; (7) Work closely and collaborate with the community service and work furlough programs located in the community correctional centers and correctional facilities; (8) Work closely and collaborate with the Hawaii paroling authority; and (9) Work closely and collaborate with community partners such as organizations, businesses, and concerned citizens. [L 2012, c 76, §2; am L 2022, c 278, §29]

HRS §353H-3 Offender reentry system plan; creation

353H-3. Offender reentry system plan; creation (a) The department of corrections and rehabilitation shall develop a comprehensive and effective offender reentry system plan for adult offenders exiting the prison system. (b) The department of corrections and rehabilitation shall develop comprehensive reentry plans and curricula for individuals exiting correctional facilities in order to reduce recidivism and increase a person's successful reentry into the community. The reentry plans shall include, but not be limited to: (1) Adopting an operational philosophy that considers that offender reentry begins on the day an offender enters the correctional system. Each offender entering the system shall be assessed to determine the offender's needs in order to assist the individual offender with developing the skills necessary to be successful in the community; (2) Providing appropriate programs, including, but not limited to, education, substance abuse treatment, cognitive skills development, vocational and employment training, and other programs that help to meet the assessed needs of each individual; (3) Developing a comprehensive network of transitional programs to address the needs of individuals exiting the correctional system; (4) Ensuring that all reentry programs are gender-responsive; (5) Issuing requests for proposals from community-based nonprofit programs with experience with offenders in the area of reentry; and (6) Instituting model reentry programs for adult offenders. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]

HRS §353H-4 Model programs; department of corrections and rehabilitation

353H-4. Model programs; department of corrections and rehabilitation Subject to funding by the legislature, the department of corrections and rehabilitation shall enhance the State's comprehensive offender reentry system by developing model programs designed to reduce recidivism and promote successful reentry into the community. Components of the model programs shall include but are not limited to: (1) Highly skilled staff who are experienced in working with offender reentry programs; (2) Individualized case management and a full continuum of care to ensure successful reentry; (3) Life skills development workshops, including budgeting, money management, nutrition, and exercise; development of self-determination through education; employment training; special education for the learning disabled; social, cognitive, communication, and life skills training; and appropriate treatment programs, including substance abuse and mental health treatment; (4) Parenting and relationship building classes. The department shall institute policies that support family cohesion and family participation in offenders' transition to the community, and, where possible, provide geographical proximity of offenders to their children and families; and (5) Ongoing attention to building support for offenders from communities, community agencies, and organizations. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]

HRS §353H-5 Children of incarcerated parents; families

353H-5. Children of incarcerated parents; families The director of corrections and rehabilitation shall: (1) Establish policies or rules that parent inmates be placed in correctional facilities, consistent with public safety and inmate security, in the best interest of the family, rather than on economic or administrative factors; (2) Consider as a factor an offender's capacity to maintain parent-child contact when making prison placements of offenders; (3) Conduct, coordinate, or promote research that examines the impact of a parent's incarceration on the well-being of the offender's child that shall include both direct contact with an offender's child, as well as reports of caregivers; and (4) Conduct, coordinate, or promote research that focuses on the relationship of incarcerated fathers with their children and the long-term impact of incarceration on fathers and their children. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]

HRS §353H-6 Employment of ex-offenders

353H-6. Employment of ex-offenders (a) The director of labor and industrial relations shall take the necessary steps to ensure offenders and ex-offenders are included and involved in utilizing state and private resources for employment and training opportunities as well as life skills and educational opportunities. (b) The department of corrections and rehabilitation, with the assistance of the department of taxation and the department of labor and industrial relations, shall develop and propose for legislative consideration, tax incentives for employers who hire individuals who were formerly incarcerated. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]

HRS §353H-7 Return of out-of-state inmates

353H-7. Return of out-of-state inmates (a) The director of corrections and rehabilitation shall return Hawaii inmates held in out-of-state prisons at least one year prior to the inmate's parole or release date in order for these inmates to participate in programs preparing them for reentry on the island where they have the most support; provided that inmates participating in reentry programs at the mainland facility in which they are incarcerated consent to the return. (b) The provisions of subsection (a) shall not prevent the return of other Hawaii inmates held in out-of-state prisons with less than one year left of their sentence from being returned in preparation for reentry to the island where they have the most support. (c) The department of corrections and rehabilitation shall provide a report to the legislature at the end of each calendar year on any inmates not returned pursuant to this section with an explanation of the reasoning and circumstances for noncompliance. [L Sp 2007, c 8, pt of §2; am L 2022, c 278, §29]

HRS §353H-8 Performance indicator reporting

353H-8. Performance indicator reporting (a) The department of corrections and rehabilitation shall develop performance measures that accurately reflect progress toward specific goals, including: (1) Improving recidivism rates; (2) Decreasing prisoner assaults on correctional staff; (3) Reducing correctional staff turnover; and (4) Improving departmental efficiencies in staffing, budgeting, and data management and analysis. (b) The department shall develop key performance indicators, which shall include: (1) The number of individuals enrolled in and who have completed a general education diploma or competency-based diploma; (2) The number of individuals for whom a reentry plan is filed and the number of individuals who exit jail or prison with a reentry plan; (3) Drug test failure rates of inmates while incarcerated and while on parole; (4) The number of inmates currently enrolled in and who have completed drug treatment programs provided by the department of corrections and rehabilitation; (5) The number of inmates currently enrolled in and who have completed restorative circles; (6) The number of parolees who have applied for a reduction of their minimum sentence, the number of applications approved and denied, and, when applicable, the reasons for the denial of a parolee's application; (7) The number of parole revocation hearings and the results of parole revocation hearings that, when applicable, explain why the parolees' revocation was denied; (8) The cost of incarceration per inmate, per day, per facility; (9) Offender demographics, including gender, race, age, and type of offense; (10) The number of individuals who received vocational training or rehabilitation services and type of vocational training or rehabilitation services received; (11) The total number of inmate intakes, by month, including the number of intakes each month within the past year and past five years; (12) The total number of inmates released, by month; (13) The number of inmates with substance abuse problems, including the type of dependence or addiction, and the number of inmates with no reported substance abuse problems; (14) The median length of incarceration, excluding inmates who have received life sentences or been paroled; (15) The prison population forecast for the next decade; (16) The total number of pretrial detainees and the number of pretrial detainees admitted each month by type of crime, bail amount, risk assessed, gender, race, and age; (17) The number of pretrial detainees released or discharged each month and the reason for the release or discharge by type of crime, bail amount, risk assessed, gender, race, and age; (18) The average length of stay for pretrial detainees by reason for release or discharge, type of crime, bail amount, risk assessed, gender, race, and age; (19) The number of pretrial detainees held on cash bail by type of crime, bail amount, risk assessed, gender, race, and age; (20) The average amount of time for completing and verifying pretrial risk assessment by type of crime, bail amount, risk assessed, gender, race, and age; and (21) The number of pretrial detainees readmitted by reason for release, reason for readmission, type of crime, bail amount, risk assessed, gender, race, and age. [L 2018, c 212, pt of §2; am L 2022, c 278, §29]

HRS §353H-9 Annual reporting requirements

353H-9. Annual reporting requirements (a) For each program established pursuant to this chapter, the department shall submit a report to the legislature no later than the first day of December each year, beginning with the period ending on November 30, 2018. Each report shall reference key performance indicators that track rehabilitation and reentry efforts for individuals being prepared to exit the correctional system. The report shall also include: (1) A complete list of programs offered; (2) The length of each program; (3) Each program's success rate, including the percentage of participant completion in the previous two years; (4) A description of participant criteria assessed by the program for admittance; (5) The number of available positions with each program; (6) The number of potential participants on waiting lists; (7) The number of participants who do not complete the program; (8) A summary of reasons why participants do not complete a program; and (9) A complete list of programs that are no longer offered and explanations for termination of the programs. (b) The department shall also submit a report, including all of the key performance indicators provided under this chapter, to the legislature no later than the first day of December each year, beginning with the period ending on November 30, 2018. (c) The department shall also post the reports electronically on the department's website in a timely manner. [L 2018, c 212, pt of §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0353H/HRS_0353H-.htmFetched: 11/10/2026