Committee advances bill to limit restrictive housing; amendments add working group and oversight changes

The House Committee on Finance recommended passage with amendments of Senate Bill 104 SD2 HD2, a measure aimed at limiting administrative and disciplinary segregation in state correctional facilities and increasing oversight.

Why it matters: dozens of witnesses — including the Hawaii Correctional System Oversight Commission, disability advocates, the ACLU of Hawaii and community groups such as Community Alliance on Prisons — urged tighter limits, transparency and reporting for restrictive housing practices that advocates say amount to solitary confinement. Martha Tornay of the Oversight Commission described highly restricted incentive programs at a CoreCivic facility and urged legislative action.

Disability rights organizations criticized current policy provisions permitting limited monitoring intervals. "If they're placed in segregation on during a weekend where they just don't have anybody on staff, then just check on them next time you're back in the facility," said Lou Urduchek, director of the Hawaii Disability Rights Center, summarizing the written policies the group reviewed. "That makes even less sense because, first of all, there should never be a time when there's no mental health worker on staff in the facility."

Advocates called for codified limits on duration and use of restrictive housing, particular protections for people with mental illness, and improved reporting to independent oversight bodies. Kat Brady of Community Alliance on Prisons urged statutory transparency and accountability, calling some isolation practices "torture" and urging the bill to require public review.

Committee changes: committee members adopted amendments — including creating a legislative working group to address vulnerable populations, clarifying reporting and oversight tasks assigned to the Hawaii Correctional System Oversight Commission, and tightening check‑in/time‑limit language for certain medical and mental‑health examinations. The amendments also retained a prohibition on restrictive housing for people 21 or younger and pregnant people, per committee discussion.

Outcome and next steps: the committee recommended passage with amendments and forwarded the bill. Supporters urged the committee to maintain strict statutory limits; Department of Corrections requested deferral during earlier testimony but later engaged in negotiations and agreed to work with the Oversight Commission on policy details.

Ending: With broad community support on record and technical amendments added by the committee to address operational and oversight questions, the bill will proceed to conference for final language and any appropriations required for oversight functions.