House committee advances bill to limit restrictive housing in state prisons after hours of testimony

The House Committee on Judiciary & Hawaiian Affairs voted to advance Senate Bill 104, Senate Draft 2, House Draft 1 — a measure that would restrict the use of restrictive housing in state-operated and state-contracted correctional facilities — to the Finance Committee with technical edits.

Supporters said the bill would impose statutory limits and independent oversight on the use of solitary confinement; opponents, including the Department of Corrections and Rehabilitation (DCR), argued the department already meets national standards and that the bill’s language could be read to give the Hawaii Correctional System Oversight Commission operational control. The committee adopted the chair’s cleanup amendments and moved the measure forward for further review.

The measure seeks to narrow circumstances in which restrictive housing may be used and to require monitoring, reviews and reporting. Makena Woodward of the Office of Hawaiian Affairs highlighted racial disproportionality and health harms, saying Native Hawaiians “continue to be proportionately impacted by Hawaii’s criminal justice system, comprising about 37% of the state’s correctional facilities while representing only 21% of the total state population,” and noting international standards that treat solitary beyond 15 days as torture.

Tommy Johnson, director of DCR, testified that the department “strongly oppose[s] this measure,” telling the committee the agency has updated policy materials and submitted a 13‑page policy with attachments that, he said, meet or exceed American Correctional Association (ACA) and National Institute of Corrections (NIC) standards. Johnson warned specific bill language could be interpreted to grant the Oversight Commission decision‑making authority over placements that are within DCR custody and operations.

Members of the Hawaii Correctional System Oversight Commission, including Commissioner Martha Torni, described restrictive programs used under some out‑of‑state contracts and said the commission’s role is oversight, not day‑to‑day operations. Torni cited a mainland contract program known as SHIP (Special Housing Incentive Program) and described its multi‑phase, highly restrictive regime in opposition testimony.

Advocates described mental‑health and suicide risks linked to prolonged isolation. Kat Brady and Lou Ertsek of the Disability Rights Center emphasized recent facility deaths and gaps in on‑site mental health coverage; Brady said the state has seen more suicides in recent years and urged statutory restrictions so families and communities have recourse beyond internal policy. The ACLU of Hawaii and the Office of the Public Defender supported the bill’s due‑process and oversight provisions.

Committee members pressed DCR to provide data. Director Johnson agreed to provide a five‑year summary of inmate deaths and outcomes of investigations (2019 through Feb. 2024) and said the department would work with the Oversight Commission to review policy language and standards. The director and several members discussed different housing categories used in practice, including administrative segregation, disciplinary segregation and protective custody, and whether policies prevent serial short sanctions that cumulatively extend segregation beyond stated limits.

The chair moved the bill to Finance with technical amendments to clarify placement of subsection language, add a provision that the statute not delay a committed person’s scheduled release, and conform certain terms to “restrictive housing.” The committee recorded the recommendation adopted and noted several members cast reservations on procedural language rather than the bill’s core intent.

The committee’s action sends the measure to Finance for fiscal analysis and further consideration of implementation details, including oversight roles and potential impacts on contracted facilities.