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Senate committee backs resolution to incrementally reduce Hawaii inmates held in out-of-state private prisons

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Summary

SCR 126 and SR 105 passed committee, urging the Department of Corrections and Rehabilitation to reduce transfers of inmates to private, out-of-state facilities; committee members and witnesses debated costs, capacity and the need for new in-state facilities.

The Senate on March 24 approved SCR 126 and SR 105, which request the Department of Corrections and Rehabilitation (DCR) to incrementally reduce the number of Hawai‘i inmates incarcerated in private, out-of-state correctional facilities.

The resolution prompted extensive questioning about contracts, costs and capacity. Department of Corrections and Rehabilitation Director Tommy Johnson described the current bed-by-bed contract model: “It’s per person per bed we fill. About $96 a day. Okay. That’s soup to nuts, the bed, medical, education, substance abuse treatment, everything,” he said during committee questioning.

Witnesses and advocates urged the state to end or reduce its reliance on private providers. Nathan Lee of ACLU Hawai‘i said Hawaii sends roughly 45% of its prison population to out-of-state facilities, a much higher share than other states. The Office of the Public Defender and other advocates cited litigation and safety concerns tied to private-prison operators in other jurisdictions.

Committee members pressed DCR on why costs differ. Director Johnson said higher in-state costs reflect higher local prices for food, health care, utilities and labor; he estimated the in-state per-person cost at Halawa at about $307 per day. He described efforts to reduce transfers where possible, including a directive limiting transfers of certain nonviolent offenders and attempts to return inmates nearer to release dates.

Members and witnesses discussed capacity and the state’s need for new or renovated facilities. Johnson said Halawa has undergone partial closures for electrical work and cited an ongoing “surge” of transfers while dorm renovations occur; he said the department is seeking funds for an updated master plan and described a prior 2003 plan as out of date. A rough capital estimate for a new facility was discussed during questions: a figure of about $937,000,000 was mentioned as the last estimate for a new facility.

The committee voted to pass the resolution as is. The committee record shows recognition of the competing pressures: reducing out-of-state placements while addressing limited in-state capacity and broader criminal-justice policy decisions.

The resolution does not itself change contract terms or appropriate funding; it requests that the department develop a plan to systematically reduce out-of-state placements. Specific timelines, implementation steps and funding sources were not specified during testimony and remain to be determined.