| 1 | 1 | | HOUSE OF REPRESENTATIVES H.B. NO. 453 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ASSISTANCE FOR PERSONS COMPLETING A TERM OF IMPRISONMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | HOUSE OF REPRESENTATIVES H.B. NO. 453 |
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| 4 | 4 | | THIRTY-SECOND LEGISLATURE, 2023 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | HOUSE OF REPRESENTATIVES |
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| 9 | 9 | | H.B. NO. |
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| 11 | 11 | | 453 |
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| 13 | 13 | | THIRTY-SECOND LEGISLATURE, 2023 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | RELATING TO ASSISTANCE FOR PERSONS COMPLETING A TERM OF IMPRISONMENT. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | SECTION 1. The legislature finds that the number of women in the criminal justice system has skyrocketed and that the rates of women's incarceration exceed those of men. According to the National Institute of Corrections of the United States Department of Justice, women's entry into the criminal justice system, offense patterns, and levels of risk often take a different path compared to men. The legislature recognizes that women's pathways into crime often involve a history of abuse, neglect, and trauma. Many women in the criminal justice system, or "justice-involved women", initially entered the system as juveniles or as runaways fleeing violence and abusive relationships. Patterns of drug use, drug trafficking, prostitution, or engaging in property crime are not uncommon for economic survival. Neither are patterns of poverty, homelessness, low educational and vocational attainment, and economic marginalization, all of which increase the likelihood of criminal behavior. Criminal involvement stemming from misplaced loyalty to family members and significant others is another characteristic shared by many justice-involved women. Thus, women inmates need more targeted approaches, such as gender-responsive practices, that will help to improve outcomes upon their exit from institutionalization. The legislature also finds that Hawaii incarcerates a high proportion of women. According to data compiled by the judiciary's criminal justice research institute, the State's female incarceration rate increased rapidly in the 1990s, reflecting trends in other states. More specifically, in 1978, only four women per one hundred thousand of the State's female residents were incarcerated. By 2007, this number rose to eighty, and decreased to forty-two as of 2018. However, it remains of great concern that women currently make up a larger proportion of the State's jail and prison population compared to any other state. The incarceration disparity is especially stark for native Hawaiian women, who constitute only nineteen per cent of the State's female residents but forty-four per cent of the female incarcerated population. The legislature further finds that, in addition to the State's high rate of female incarceration, it is also important to consider the broader context for women's involvement in Hawaii's criminal justice system. A study published in 2013 examined the trauma-informed care initiative at the women's community correctional center on Oahu. The initiative sought to create "a place of healing and forgiveness" inspired by the ancient Hawaiian concept of puuhonua. Value was placed on avoiding re-traumatizing trauma survivors and not causing trauma responses in other women who had not previously experienced trauma. Notably, the study identified key demographic characteristics of the women at this correctional facility. An inmate was more likely to be of Hawaiian or part-Hawaiian ethnicity compared to the State's general population (forty per cent); likely to report childhood and sexual victimization (sixty per cent); likely serving time for either a felony drug charge (thirty-five per cent) or property offense (thirty-six per cent); likely to have experienced some violence in her own life (eighty per cent); likely to have a history of substance abuse (ninety-five per cent) and history of mental health issues (thirty-three per cent); and likely to be the mother of at least one child (sixty per cent). Not surprisingly, then, the criminal justice research institute emphasizes that data on the social characteristics of justice-involved women in this State demonstrate a need to consider factors related to poverty, mental health, and culture in order to create more equitable outcomes. More specifically, research suggests that women leaving the corrections system should receive some form of support during the process of reentering society to ensure a successful transition and maximize their long-term success. The legislature believes that one way to support women inmates as they prepare for reentry, while addressing their unique characteristics, needs, and barriers to success, is to provide temporary assistance in the form of housing and child care vouchers. The legislature intends for vouchers to be provided to qualifying applicants based upon financial need and contingent upon the applicant working or attending a substance abuse treatment, parenting skills, or other educational program for a specified minimum number of hours per week. Given Hawaii's high cost of living, recently exacerbated by monetary inflation resulting from the coronavirus disease 2019 (COVID-19) pandemic, these vouchers would help reentering women afford the two most expensive, yet basic, necessities that will allow them stability and certainty as they pursue employment and educational opportunities. The legislature anticipates that such a voucher program for inmates leaving incarceration would likely attract a higher percentage of women applicants and thus award a higher proportion of available vouchers to women. To be clear, however, it is not the intent of the legislature to engage in unlawful sex- or gender-based discrimination. Male inmates who will be single custodial parents upon release from incarceration would also be eligible to apply for housing and child care vouchers. The reality is simply that many more female inmates will be single custodial parents after leaving incarceration when compared to male inmates. Accordingly, the purpose of this Act is to establish a pilot program to provide housing and child care vouchers to persons leaving incarceration, for a period of up to two years, provided that certain eligibility requirements are met. SECTION 2. (a) There is established within the department of human services a four-year pilot program to provide housing and child care vouchers to qualified applicants who will soon complete, or have recently completed, a term of imprisonment as a sentenced offender, and who have or will have sole or primary custody of one or more children under the age of eighteen. (b) The department shall administer the program in accordance with established best practices for housing and child care assistance programs. The department may consider structuring the voucher program in a manner similar to the section eight housing choice voucher program funded by the United States Department of Housing and Urban Development; provided that the program comply with the following provisions: (1) The program shall accept a timely completed and submitted program application without regard to an applicant's sex or gender; provided that an applicant: (A) Is a Hawaii resident who is eighteen years of age or older; (B) Is scheduled to be released from incarceration within six months of the date of the applicant's submission of a completed program application, or the applicant was released from incarceration during the six month period preceding the applicant's submission of a completed program application; and (C) Has, or expects to have upon release from incarceration or shortly thereafter, sole or primary custody of one or more children under the age of eighteen; (2) The program shall only consider providing housing and child care vouchers to qualifying applicants who demonstrate: (A) A verified need for assistance as a recently released inmate or upon release from incarceration; and (B) One or more of the following: (i) A verified offer of employment, or prospective employment upon release from incarceration; or (ii) Verified enrollment, or prospective enrollment upon release from incarceration, in a substance abuse treatment, parenting skills, or other educational program; (3) Program participants who are selected by the department to receive housing or child care vouchers shall be eligible for a full subsidy of demonstrated housing or child care expenses during the first three months of program participation, subject to any maximum amounts established by the department; provided that thereafter, the program participant be required to contribute a portion of the participant's monthly income toward the participant's housing and child care expenses; provided further that the appropriate amount of financial contribution shall be determined by the department; (4) Housing or child care vouchers shall be provided to a program participant for a period not exceeding two years, and shall be conditioned upon compliance with the following requirements: (A) The program participant is engaged in verified employment totaling at least twenty hours per week; or (B) The program participant is engaged in verified employment and is attending a verified substance abuse treatment, parenting skills, or other educational program, for a combined total of at least twenty hours per week; (5) The department shall determine the appropriate means of and intervals for verifying employment or attendance at an educational program, child custody arrangements, and housing and child care arrangements; and (6) The department shall establish any other program criteria as necessary and appropriate. (c) The pilot program shall terminate after four years of operation. (d) The department shall submit an interim report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025. The report shall include the following information; provided that information relating to an applicant or program participant's name, age, date of birth, residential address, or contact information is excluded: (1) The total number of program applicants, and of this number, the number of female versus male applicants; (2) The number of applicants who were selected to receive housing or child care vouchers, and of this number, the number of female versus male recipients for each type of voucher; (3) The number of voucher recipients who successfully complied with the requirements needed to remain in the program and continue receiving assistance; (4) The number of voucher recipients, if any, who were discharged from the program for failure to maintain compliance with program requirements, and the general types or categories of reasons therefor; (5) The total number of housing vouchers awarded and the aggregate monetary value thereof; (6) The total number of child care vouchers awarded and the aggregate monetary value thereof; and (7) Of the housing and child care vouchers awarded: (A) The lowest and highest monetary value of any one housing or child care voucher awarded; and (B) The average monetary value of each housing or child care voucher awarded. (e) The department shall submit a final report of its findings and recommendations, including any recommendation as to whether the pilot program should be extended or made permanent, along with any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027. The report shall also include updates to all of the information specified in subsection (d). SECTION 3. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of providing housing and child care vouchers in accordance with the pilot program established by section 2 of this Act. The sums appropriated shall be expended by the department of human services for the purposes of this Act. SECTION 4. This Act shall take effect on July 1, 2023, and shall be repealed on June 30, 2027; provided that any unencumbered moneys appropriated pursuant to this Act shall lapse to the credit of the general fund upon this Act's repeal. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The legislature finds that the number of women in the criminal justice system has skyrocketed and that the rates of women's incarceration exceed those of men. According to the National Institute of Corrections of the United States Department of Justice, women's entry into the criminal justice system, offense patterns, and levels of risk often take a different path compared to men. |
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| 50 | 50 | | |
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| 51 | 51 | | The legislature recognizes that women's pathways into crime often involve a history of abuse, neglect, and trauma. Many women in the criminal justice system, or "justice-involved women", initially entered the system as juveniles or as runaways fleeing violence and abusive relationships. Patterns of drug use, drug trafficking, prostitution, or engaging in property crime are not uncommon for economic survival. Neither are patterns of poverty, homelessness, low educational and vocational attainment, and economic marginalization, all of which increase the likelihood of criminal behavior. Criminal involvement stemming from misplaced loyalty to family members and significant others is another characteristic shared by many justice-involved women. Thus, women inmates need more targeted approaches, such as gender-responsive practices, that will help to improve outcomes upon their exit from institutionalization. |
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| 52 | 52 | | |
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| 53 | 53 | | The legislature also finds that Hawaii incarcerates a high proportion of women. According to data compiled by the judiciary's criminal justice research institute, the State's female incarceration rate increased rapidly in the 1990s, reflecting trends in other states. More specifically, in 1978, only four women per one hundred thousand of the State's female residents were incarcerated. By 2007, this number rose to eighty, and decreased to forty-two as of 2018. However, it remains of great concern that women currently make up a larger proportion of the State's jail and prison population compared to any other state. The incarceration disparity is especially stark for native Hawaiian women, who constitute only nineteen per cent of the State's female residents but forty-four per cent of the female incarcerated population. |
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| 54 | 54 | | |
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| 55 | 55 | | The legislature further finds that, in addition to the State's high rate of female incarceration, it is also important to consider the broader context for women's involvement in Hawaii's criminal justice system. A study published in 2013 examined the trauma-informed care initiative at the women's community correctional center on Oahu. The initiative sought to create "a place of healing and forgiveness" inspired by the ancient Hawaiian concept of puuhonua. Value was placed on avoiding re-traumatizing trauma survivors and not causing trauma responses in other women who had not previously experienced trauma. Notably, the study identified key demographic characteristics of the women at this correctional facility. An inmate was more likely to be of Hawaiian or part-Hawaiian ethnicity compared to the State's general population (forty per cent); likely to report childhood and sexual victimization (sixty per cent); likely serving time for either a felony drug charge (thirty-five per cent) or property offense (thirty-six per cent); likely to have experienced some violence in her own life (eighty per cent); likely to have a history of substance abuse (ninety-five per cent) and history of mental health issues (thirty-three per cent); and likely to be the mother of at least one child (sixty per cent). Not surprisingly, then, the criminal justice research institute emphasizes that data on the social characteristics of justice-involved women in this State demonstrate a need to consider factors related to poverty, mental health, and culture in order to create more equitable outcomes. More specifically, research suggests that women leaving the corrections system should receive some form of support during the process of reentering society to ensure a successful transition and maximize their long-term success. |
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| 56 | 56 | | |
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| 57 | 57 | | The legislature believes that one way to support women inmates as they prepare for reentry, while addressing their unique characteristics, needs, and barriers to success, is to provide temporary assistance in the form of housing and child care vouchers. The legislature intends for vouchers to be provided to qualifying applicants based upon financial need and contingent upon the applicant working or attending a substance abuse treatment, parenting skills, or other educational program for a specified minimum number of hours per week. Given Hawaii's high cost of living, recently exacerbated by monetary inflation resulting from the coronavirus disease 2019 (COVID-19) pandemic, these vouchers would help reentering women afford the two most expensive, yet basic, necessities that will allow them stability and certainty as they pursue employment and educational opportunities. |
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| 58 | 58 | | |
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| 59 | 59 | | The legislature anticipates that such a voucher program for inmates leaving incarceration would likely attract a higher percentage of women applicants and thus award a higher proportion of available vouchers to women. To be clear, however, it is not the intent of the legislature to engage in unlawful sex- or gender-based discrimination. Male inmates who will be single custodial parents upon release from incarceration would also be eligible to apply for housing and child care vouchers. The reality is simply that many more female inmates will be single custodial parents after leaving incarceration when compared to male inmates. |
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| 60 | 60 | | |
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| 61 | 61 | | Accordingly, the purpose of this Act is to establish a pilot program to provide housing and child care vouchers to persons leaving incarceration, for a period of up to two years, provided that certain eligibility requirements are met. |
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| 62 | 62 | | |
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| 63 | 63 | | SECTION 2. (a) There is established within the department of human services a four-year pilot program to provide housing and child care vouchers to qualified applicants who will soon complete, or have recently completed, a term of imprisonment as a sentenced offender, and who have or will have sole or primary custody of one or more children under the age of eighteen. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) The department shall administer the program in accordance with established best practices for housing and child care assistance programs. The department may consider structuring the voucher program in a manner similar to the section eight housing choice voucher program funded by the United States Department of Housing and Urban Development; provided that the program comply with the following provisions: |
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| 66 | 66 | | |
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| 67 | 67 | | (1) The program shall accept a timely completed and submitted program application without regard to an applicant's sex or gender; provided that an applicant: |
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| 68 | 68 | | |
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| 69 | 69 | | (A) Is a Hawaii resident who is eighteen years of age or older; |
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| 70 | 70 | | |
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| 71 | 71 | | (B) Is scheduled to be released from incarceration within six months of the date of the applicant's submission of a completed program application, or the applicant was released from incarceration during the six month period preceding the applicant's submission of a completed program application; and |
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| 72 | 72 | | |
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| 73 | 73 | | (C) Has, or expects to have upon release from incarceration or shortly thereafter, sole or primary custody of one or more children under the age of eighteen; |
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| 74 | 74 | | |
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| 75 | 75 | | (2) The program shall only consider providing housing and child care vouchers to qualifying applicants who demonstrate: |
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| 76 | 76 | | |
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| 77 | 77 | | (A) A verified need for assistance as a recently released inmate or upon release from incarceration; and |
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| 78 | 78 | | |
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| 79 | 79 | | (B) One or more of the following: |
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| 80 | 80 | | |
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| 81 | 81 | | (i) A verified offer of employment, or prospective employment upon release from incarceration; or |
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| 82 | 82 | | |
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| 83 | 83 | | (ii) Verified enrollment, or prospective enrollment upon release from incarceration, in a substance abuse treatment, parenting skills, or other educational program; |
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| 84 | 84 | | |
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| 85 | 85 | | (3) Program participants who are selected by the department to receive housing or child care vouchers shall be eligible for a full subsidy of demonstrated housing or child care expenses during the first three months of program participation, subject to any maximum amounts established by the department; provided that thereafter, the program participant be required to contribute a portion of the participant's monthly income toward the participant's housing and child care expenses; provided further that the appropriate amount of financial contribution shall be determined by the department; |
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| 86 | 86 | | |
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| 87 | 87 | | (4) Housing or child care vouchers shall be provided to a program participant for a period not exceeding two years, and shall be conditioned upon compliance with the following requirements: |
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| 88 | 88 | | |
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| 89 | 89 | | (A) The program participant is engaged in verified employment totaling at least twenty hours per week; or |
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| 90 | 90 | | |
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| 91 | 91 | | (B) The program participant is engaged in verified employment and is attending a verified substance abuse treatment, parenting skills, or other educational program, for a combined total of at least twenty hours per week; |
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| 92 | 92 | | |
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| 93 | 93 | | (5) The department shall determine the appropriate means of and intervals for verifying employment or attendance at an educational program, child custody arrangements, and housing and child care arrangements; and |
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| 94 | 94 | | |
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| 95 | 95 | | (6) The department shall establish any other program criteria as necessary and appropriate. |
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| 96 | 96 | | |
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| 97 | 97 | | (c) The pilot program shall terminate after four years of operation. |
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| 98 | 98 | | |
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| 99 | 99 | | (d) The department shall submit an interim report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025. |
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| 100 | 100 | | |
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| 101 | 101 | | The report shall include the following information; provided that information relating to an applicant or program participant's name, age, date of birth, residential address, or contact information is excluded: |
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| 102 | 102 | | |
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| 103 | 103 | | (1) The total number of program applicants, and of this number, the number of female versus male applicants; |
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| 104 | 104 | | |
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| 105 | 105 | | (2) The number of applicants who were selected to receive housing or child care vouchers, and of this number, the number of female versus male recipients for each type of voucher; |
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| 106 | 106 | | |
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| 107 | 107 | | (3) The number of voucher recipients who successfully complied with the requirements needed to remain in the program and continue receiving assistance; |
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| 108 | 108 | | |
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| 109 | 109 | | (4) The number of voucher recipients, if any, who were discharged from the program for failure to maintain compliance with program requirements, and the general types or categories of reasons therefor; |
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| 110 | 110 | | |
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| 111 | 111 | | (5) The total number of housing vouchers awarded and the aggregate monetary value thereof; |
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| 112 | 112 | | |
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| 113 | 113 | | (6) The total number of child care vouchers awarded and the aggregate monetary value thereof; and |
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| 114 | 114 | | |
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| 115 | 115 | | (7) Of the housing and child care vouchers awarded: |
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| 116 | 116 | | |
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| 117 | 117 | | (A) The lowest and highest monetary value of any one housing or child care voucher awarded; and |
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| 118 | 118 | | |
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| 119 | 119 | | (B) The average monetary value of each housing or child care voucher awarded. |
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| 120 | 120 | | |
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| 121 | 121 | | (e) The department shall submit a final report of its findings and recommendations, including any recommendation as to whether the pilot program should be extended or made permanent, along with any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027. |
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| 122 | 122 | | |
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| 123 | 123 | | The report shall also include updates to all of the information specified in subsection (d). |
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| 124 | 124 | | |
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| 125 | 125 | | SECTION 3. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of providing housing and child care vouchers in accordance with the pilot program established by section 2 of this Act. |
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| 126 | 126 | | |
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| 127 | 127 | | The sums appropriated shall be expended by the department of human services for the purposes of this Act. |
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| 128 | 128 | | |
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| 129 | 129 | | SECTION 4. This Act shall take effect on July 1, 2023, and shall be repealed on June 30, 2027; provided that any unencumbered moneys appropriated pursuant to this Act shall lapse to the credit of the general fund upon this Act's repeal. |
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| 130 | 130 | | |
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| 131 | 131 | | |
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| 132 | 132 | | |
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| 133 | 133 | | INTRODUCED BY: _____________________________ |
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| 134 | 134 | | |
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| 135 | 135 | | INTRODUCED BY: |
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| 136 | 136 | | |
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| 137 | 137 | | _____________________________ |
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| 138 | 138 | | |
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| 139 | 139 | | |
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| 140 | 140 | | |
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| 141 | 141 | | |
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| 142 | 142 | | |
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| 143 | 143 | | Report Title: DHS; Pilot Program; Inmates; Reentry; Housing; Child Care; Vouchers; Report; Appropriation Description: Establishes within the Department of Human Services a 4-year pilot program to provide housing and child care vouchers to qualified applicants who will soon complete, or have recently completed, a term of imprisonment as a sentenced offender, and who have or will have sole or primary custody of 1 or more children under the age of 18. Requires a voucher recipient to be employed at least 20 hours per week or be employed and attend an educational program for a combined total of at least 20 hours per week. Requires reports 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. |
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| 144 | 144 | | |
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| 145 | 145 | | |
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| 146 | 146 | | |
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| 147 | 147 | | |
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| 148 | 148 | | |
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| 149 | 149 | | Report Title: |
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| 150 | 150 | | |
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| 151 | 151 | | DHS; Pilot Program; Inmates; Reentry; Housing; Child Care; Vouchers; Report; Appropriation |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | Description: |
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| 156 | 156 | | |
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| 157 | 157 | | Establishes within the Department of Human Services a 4-year pilot program to provide housing and child care vouchers to qualified applicants who will soon complete, or have recently completed, a term of imprisonment as a sentenced offender, and who have or will have sole or primary custody of 1 or more children under the age of 18. Requires a voucher recipient to be employed at least 20 hours per week or be employed and attend an educational program for a combined total of at least 20 hours per week. Requires reports to the Legislature. Appropriates funds. |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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