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SCR 126

REQUESTING THE DEPARTMENT OF CORRECTIONS AND REHABILITATION TO INCREMENTALLY AND SYSTEMATICALLY REDUCE THE NUMBER OF INMATES INCARCERATED IN PRIVATE, OUT-OF-STATE CORRECTIONAL FACILITIES.

2025 Regular Session Introduced by Brandon Elefante and 1 co-sponsor

The bill directs Hawaii’s Department of Corrections to progressively reduce the number of inmates in private, out-of-state facilities and report progress through 2030.

Referred to PBS/JHA, referral sheet 28
#inmates #out-of-statecorrectionalfacilities #private #reduction
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Bill Summary · SCR 126

Comprehensive Summary: SCR 126 (Concurrent Resolution)

Overview

SCR 126 is a concurrent resolution introduced in March 2025 in Hawaii, requesting the Department of Corrections and Rehabilitation (DCR) to incrementally and systematically reduce the number of inmates housed in private, out-of-state correctional facilities. It expresses legislative intent to phase out the practice and requires periodic progress reports to the Legislature through 2030. The resolution is already referred to the Senate and House committees on Public Safety and Judicial Administration (PBS/JHA).

Purpose and Intent

  • Acknowledges long-standing use of contracted private, for-profit, out-of-state facilities to house Hawaii inmates.
  • Highlights perceived negative impacts of interstate confinement, including distance from families and support networks.
  • Reiterates concerns that Act 208 (1994)—which authorized transferring inmates to private out-of-state facilities—was intended to avoid separating inmates from strong Hawaii community ties.
  • Concludes that reliance on private, out-of-state confinement has contributed to ongoing overcrowding and broader incarceration concerns.
  • Declares the imperative to phase out the practice and directs DCR to reduce the number of inmates in private, out-of-state facilities incrementally and systematically.

Key Provisions

  • Policy Direction: The DCR is requested to progressively reduce the number of Hawaii inmates in private, out-of-state facilities.
  • Reporting Requirement: DCR must submit progress reports to the Legislature no later than 20 days prior to the convening of each regular session in 2027, 2028, 2029, and 2030.
  • Transmission of Information: Certified copies of the resolution will be transmitted to the Governor and the Director of Corrections and Rehabilitation.
  • Nature of Measure: This is a concurrent resolution, reflecting the intent of both chambers rather than creating new statutory duties with direct funding or enforcement mechanisms.

Timeline and Procedural Aspects

  • Introduced: March 7, 2025.
  • Legislative Action:
    • Referred to PBS/JHA (referral sheet 28) on April 4, 2025.
    • Earlier Senate actions include receipt from Senate, report and resolution adoption (April 2, 2025) and prior committee action on PSM with a recommendation to pass on March 24, 2025.
  • Public Hearings: Scheduled by PSM for March 24, 2025.
  • Related Measures: Companion bill HCR 153 / SR105 (House and Senate counterparts).

Affected Parties and Entities

  • Inmates housed in private, out-of-state correctional facilities.
  • Hawaii Department of Corrections and Rehabilitation (DCR).
  • Hawaii Legislature (as the recipient of progress reports).
  • Governor (as a formal recipient of the resolution) and the DCR Director.

Background and Context

  • Builds on decades-long use of private, out-of-state facilities to house Hawaii inmates.
  • References Act 208 (1994), which authorized transfers to private mainland facilities and aimed to avoid separating inmates from Hawaii-based community ties.
  • Argues that the original intent has not been sustained and that broader incarceration-related challenges persist.

Potential Impact

  • Sets a formal expectation for a measurable reduction in out-of-state private incarceration, though the resolution itself does not allocate funds or prescribe targets.
  • Signals legislative prioritization of keeping inmates closer to home and potentially rebalancing correctional capacity toward in-state facilities.
  • Enables ongoing legislative oversight through mandatory progress reports through 2030.

Related Information

  • Companion/related bill: HCR 153, SR105.
  • Sponsor: Primary – Senator Rhoads; Co-sponsor – Senator Elefante.

Compiled from official sources — confirm details with the bill’s official record.

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