Hawaii 2025 Regular Session

Hawaii House Bill HB676 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 676 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to youth and adult correctional facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 676
4	4	THIRTY-THIRD LEGISLATURE, 2025
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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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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 youth and adult correctional facilities.
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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 State should protect incarcerated persons and their loved ones from predatory commercial practices. Private corporations providing goods and services to state correctional facilities should not be allowed to charge exorbitant rates. Currently, the provision of jail and prison communication services is a lucrative industry dominated by a few corporations. Correctional facilities also benefit financially from communication services contracts by receiving commissions, bonuses, and other financial incentives. The legislature further finds that the high cost of jail and prison communication services is a significant economic drain for incarcerated persons and their families. The Ella Baker Center for Human Rights found that one in three families with an incarcerated loved one goes into debt to pay for communication services and visits. In Hawaiʻi, these costs disproportionately impact Native Hawaiians, Pacific Islanders, and other people of color. According to the Ella Baker Center's research, eighty-seven per cent of those who go into debt for jail and prison communication services are women of color. The legislature recognizes the importance of communication services for persons who are incarcerated. Maintaining family and community connections is key for successful reentry into society. Many incarcerated persons will reside with their families after release, and research has shown that incarcerated individuals who maintain ties with their support networks have higher success rates and lower recidivism rates. Therefore, regular communication between incarcerated persons and their families benefits public safety. The legislature also recognizes that many states support the provision of free communication services to jails and prisons. In 2018, New York City began offering these services at no charge in its city jails. In 2021, Connecticut became the first state to offer free communication services in its state prison system. In 2022, California passed a law that makes phone calls free of charge for the ninety-three thousand people incarcerated in the state's prison system. In addition, Colorado, Massachusetts, and Minnesota have since also passed laws to eliminate communication service fees in their prisons and, in some cases, jails. Finally, the legislature acknowledges the recent work of the Federal Communications Commission (FCC) in passing new regulations that substantially reduce the rates for phone and video calls from prisons and jails and ban ancillary fees, including deposit fees. Importantly, the new regulations also prohibit state and local agencies from collecting commissions on prison and jail phone and video calls and from passing through the cost of a majority of surveillance features on such communication services. As such, the legislature recognizes that alternative funding for the Statewide Automated Victim Information and Notification system will be needed, which is currently funded through such commissions. Hawaiʻi will need to follow the FCC's compliance schedule for the new regulations and be in full compliance by January 1, 2026. The legislature notes that the office of youth services currently does not charge or impose any costs or fees related to voice communication services for youth committed to its facilities. This Act will codify the office of youth services' practices. Accordingly, the purpose of this Act is to require the State's youth and adult correctional facilities to provide free and accessible voice communication services for persons committed to or incarcerated in those facilities. SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§352- Free voice communication services. (a) Each Hawaii youth correctional facility operated or contracted by the office of youth services shall provide any person under the guardianship or custody of the director with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication. Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services. Any communication provided shall not be limited to program participation and routine facility procedures. Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025. (b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person committed to a Hawaii youth correctional facility. (c) Each Hawaii youth correctional facility operated or contracted by the office of youth services shall maintain in-person visits for persons under the guardianship or custody of the director. Communications services shall not be used to replace any in-person visit program." SECTION 3. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§353- Free voice communication services. (a) Each correctional facility operated or contracted by the department shall provide any person in its custody, including those held under an intergovernmental contract and confined in the facilities, including privately contracted facilities, with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication. Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services. Any communication provided shall not be limited to program participation and routine facility procedures. Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025. (b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person under the custody of the department. (c) Each correctional facility operated or contracted by the department shall maintain in-person visits for persons in the department's custody, including those held under an intergovernmental contract, and confined in the facility, including any privately contracted facilities. Communications services shall not be used to replace any in-person visit program." SECTION 4. (a) The public utilities commission shall establish service quality standards and rules, pursuant to Chapter 91, Hawaii Revised Statutes, for free voice communication services provided to youth and adult correctional facilities pursuant to sections 352- and 353- , Hawaii Revised Statutes. (b) The commission shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of the regular session of 2026. SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for providing free voice communication services to incarcerated persons in the State. The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act. SECTION 6. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii statewide automated victim information and notification system. The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act. SECTION 7. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the State should protect incarcerated persons and their loved ones from predatory commercial practices. Private corporations providing goods and services to state correctional facilities should not be allowed to charge exorbitant rates. Currently, the provision of jail and prison communication services is a lucrative industry dominated by a few corporations. Correctional facilities also benefit financially from communication services contracts by receiving commissions, bonuses, and other financial incentives.
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51	51	The legislature further finds that the high cost of jail and prison communication services is a significant economic drain for incarcerated persons and their families. The Ella Baker Center for Human Rights found that one in three families with an incarcerated loved one goes into debt to pay for communication services and visits. In Hawaiʻi, these costs disproportionately impact Native Hawaiians, Pacific Islanders, and other people of color. According to the Ella Baker Center's research, eighty-seven per cent of those who go into debt for jail and prison communication services are women of color.
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53	53	The legislature recognizes the importance of communication services for persons who are incarcerated. Maintaining family and community connections is key for successful reentry into society. Many incarcerated persons will reside with their families after release, and research has shown that incarcerated individuals who maintain ties with their support networks have higher success rates and lower recidivism rates. Therefore, regular communication between incarcerated persons and their families benefits public safety.
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55	55	The legislature also recognizes that many states support the provision of free communication services to jails and prisons. In 2018, New York City began offering these services at no charge in its city jails. In 2021, Connecticut became the first state to offer free communication services in its state prison system. In 2022, California passed a law that makes phone calls free of charge for the ninety-three thousand people incarcerated in the state's prison system. In addition, Colorado, Massachusetts, and Minnesota have since also passed laws to eliminate communication service fees in their prisons and, in some cases, jails.
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57	57	Finally, the legislature acknowledges the recent work of the Federal Communications Commission (FCC) in passing new regulations that substantially reduce the rates for phone and video calls from prisons and jails and ban ancillary fees, including deposit fees. Importantly, the new regulations also prohibit state and local agencies from collecting commissions on prison and jail phone and video calls and from passing through the cost of a majority of surveillance features on such communication services. As such, the legislature recognizes that alternative funding for the Statewide Automated Victim Information and Notification system will be needed, which is currently funded through such commissions. Hawaiʻi will need to follow the FCC's compliance schedule for the new regulations and be in full compliance by January 1, 2026.
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59	59	The legislature notes that the office of youth services currently does not charge or impose any costs or fees related to voice communication services for youth committed to its facilities. This Act will codify the office of youth services' practices.
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61	61	Accordingly, the purpose of this Act is to require the State's youth and adult correctional facilities to provide free and accessible voice communication services for persons committed to or incarcerated in those facilities.
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63	63	SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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65	65	"§352- Free voice communication services. (a) Each Hawaii youth correctional facility operated or contracted by the office of youth services shall provide any person under the guardianship or custody of the director with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication. Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services. Any communication provided shall not be limited to program participation and routine facility procedures. Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025.
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67	67	(b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person committed to a Hawaii youth correctional facility.
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69	69	(c) Each Hawaii youth correctional facility operated or contracted by the office of youth services shall maintain in-person visits for persons under the guardianship or custody of the director. Communications services shall not be used to replace any in-person visit program."
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71	71	SECTION 3. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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73	73	"§353- Free voice communication services. (a) Each correctional facility operated or contracted by the department shall provide any person in its custody, including those held under an intergovernmental contract and confined in the facilities, including privately contracted facilities, with accessible and functional voice communication services that are free of charge to the person initiating and the person receiving the communication. Each facility may supplement voice communication services with other communication services, including but not limited to video communication and electronic mail or messaging services. Any communication provided shall not be limited to program participation and routine facility procedures. Each facility shall maintain the same or greater access to voice and other communication services as it allowed on January 15, 2025.
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75	75	(b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person under the custody of the department.
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77	77	(c) Each correctional facility operated or contracted by the department shall maintain in-person visits for persons in the department's custody, including those held under an intergovernmental contract, and confined in the facility, including any privately contracted facilities. Communications services shall not be used to replace any in-person visit program."
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79	79	SECTION 4. (a) The public utilities commission shall establish service quality standards and rules, pursuant to Chapter 91, Hawaii Revised Statutes, for free voice communication services provided to youth and adult correctional facilities pursuant to sections 352- and 353- , Hawaii Revised Statutes.
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81	81	(b) The commission shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of the regular session of 2026.
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83	83	SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for providing free voice communication services to incarcerated persons in the State.
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85	85	The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.
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87	87	SECTION 6. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii statewide automated victim information and notification system.
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89	89	The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.
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91	91	SECTION 7. New statutory material is underscored.
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93	93	SECTION 8. This Act shall take effect on July 1, 2025.
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97	97	INTRODUCED BY: _____________________________
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99	99	INTRODUCED BY:
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101	101	_____________________________
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107	107	Report Title: PUC; Department of Corrections and Rehabilitation; Communication Services; Correctional Facilities; Hawaii Youth Correctional Facilities; Report; Appropriations Description: Requires the State's youth and adult correctional facilities to provide free and accessible voice communication services for incarcerated persons in state correctional facilities. Prohibits any state agency from deriving revenue or financial benefit from the provision of communication services to persons confined in state correctional facilities. Requires the Public Utilities Commission to establish service quality standards and rules for the free voice communication services. Requires a report 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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115	115	Report Title:
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117	117	PUC; Department of Corrections and Rehabilitation; Communication Services; Correctional Facilities; Hawaii Youth Correctional Facilities; Report; Appropriations
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121	121	Description:
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123	123	Requires the State's youth and adult correctional facilities to provide free and accessible voice communication services for incarcerated persons in state correctional facilities. Prohibits any state agency from deriving revenue or financial benefit from the provision of communication services to persons confined in state correctional facilities. Requires the Public Utilities Commission to establish service quality standards and rules for the free voice communication services. Requires a report to the Legislature. Appropriates funds.
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131	131	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.