RELATING TO OFFENDER REENTRY.

HB2356

HOUSE OF REPRESENTATIVES

H.B. NO.

2356

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to offender reentry
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature finds that there are significant barriers to employment
after an individual has been convicted of a crime and sentenced to serve time
in prison.
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The U.S. military is one of
the largest employers in the State.
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Many
military jobs require a security clearance.
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Criminal convictions can create hurdles in the process of acquiring a
security clearance, but convictions are not absolute disqualifiers.
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The only automatic disqualifiers are a lack
of American citizenship and ongoing use of an illegal drug.
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Rather, waivers have been granted for
employee candidates who have been convicted of crimes which resulted in a
prison sentence of over one year.
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When
granting waivers, adjudicators look at factors such as the seriousness of the
conduct, evidence of rehabilitation, and likelihood of recurrence.
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The purpose of this Act is to require the
Department of Corrections and Rehabilitation to provide certificates to
qualified individuals as evidence of these mitigating factors to increase their
eligibility for employment upon release.

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SECTION
2
.
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Section 353H-6,
Hawaii Revised Statutes, is amended to read as follows:

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�353H-6
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Employment of
ex-offenders.
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(a)
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The director of labor and industrial
relations shall take the necessary steps to ensure offenders and ex-offenders
are included and involved in utilizing state and private resources for
employment and training opportunities as well as life skills and educational
opportunities.

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(b)
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The department of corrections and
rehabilitation, with the assistance of the department of taxation and the
department of labor and industrial relations, shall develop and propose for
legislative consideration, tax incentives for employers who hire individuals
who were formerly incarcerated.

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(c)
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The department of corrections and rehabilitation shall issue a
certificate of suitability for employment to include evidence of the following:

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(1)
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Fulfilment of
sentence and all post-release obligations;

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(2)
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Completion of
offender reentry programs;

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(3)
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Successful
rehabilitation
efforts;

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(4)
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Diminished
likelihood of recurrence; and

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(5)
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Readiness for
employment opportunities.

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(d)
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The department shall work closely and
collaborate with state and federal agencies and private employers to educate
stakeholders on the certification.
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(e)
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The department shall work with the U.S.
Department of Defense to increase the likelihood that eligible offenders will
obtain a security clearance post-release if relevant to their employment
pursuits.

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(f)
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The department shall make rules pursuant to
chapter 91 relating to the issuance and interpretation of the certificate and
its relevance to existing criminal history record checks.
"

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SECTION 3.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $
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or so much thereof as may be
necessary for fiscal year 2026-2027 to implement and administer the
certification of suitability for employment.

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The sum appropriated shall be
expended by the department of corrections and rehabilitation for the purposes
of this Act.

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SECTION 4.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Offender
Reentry; Employment; Certificates; Security Clearance; Appropriation

Description:

Requires
the Department of Corrections and Rehabilitation to provide a certificate of
suitability for employment to offenders who have satisfied all sentencing and
post-release requirements.
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Requires the
Department of Corrections and Rehabilitation to work with government and
private stakeholders to conduct public education regarding the
certificates.
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Requires the Department of
Corrections and Rehabilitation to work with the Department of Defense to
increase offenders' eligibility for security clearance in post-release
employment.
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Appropriates funds.

The summary description
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not legislation or evidence of legislative intent.