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HB676
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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SECTION 1.
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The legislature finds that the State should
protect incarcerated persons and their loved ones from predatory commercial
practices.
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Private corporations
providing goods and services to state correctional facilities should not be
allowed to charge exorbitant rates.
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Currently, the provision of jail and prison communication services is a
lucrative industry dominated by a few corporations.
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Correctional facilities also benefit
financially from communication services contracts by receiving commissions,
bonuses, and other financial incentives.
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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.
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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.
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In Hawai
ʻ
i,
these costs disproportionately impact Native Hawaiians, Pacific Islanders, and
other people of color.
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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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The
legislature recognizes the importance of communication services for persons who
are incarcerated.
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Maintaining family and
community connections is key for successful reentry into society.
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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.
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Therefore,
regular communication between incarcerated persons and their families benefits
public safety.
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The
legislature also recognizes that many states support the provision of free
communication services to jails and prisons.
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In 2018, New York City began offering these services at no charge in its
city jails.
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In 2021, Connecticut became
the first state to offer free communication services in its state prison
system.
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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.
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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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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.
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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.
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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.
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Hawai
ʻ
i
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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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.
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This Act
will codify the office of youth services' practices.
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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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SECTION
2.
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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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�352-
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Free voice communication services.
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(a)
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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.
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Each facility may supplement voice
communication services with other communication services, including but not
limited to video communication and electronic mail or messaging services.
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Any communication provided shall not be
limited to program participation and routine facility procedures.
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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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(b)
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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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(c)
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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.
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Communications services shall
not be used to replace any in-person visit program.
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SECTION
3.
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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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"
�353-
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Free voice communication services.
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(a)
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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.
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Each facility may supplement voice
communication services with other communication services, including but not
limited to video communication and electronic mail or messaging services.
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Any communication provided shall not be
limited to program participation and routine facility procedures.
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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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(b)
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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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(c)
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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.
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Communications services shall not be used to
replace any in-person visit program.
"
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SECTION 4.
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(a)
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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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(b)
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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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SECTION
5.
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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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The
sums
appropriated shall be expended
by the department of corrections and rehabilitation for the purposes of this
Act.
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SECTION
6.
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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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The
sums
appropriated shall be expended
by the department of corrections and rehabilitation for the purposes of this
Act.
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SECTION
7.
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New statutory material is
underscored.
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SECTION
8.
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This Act shall take effect on July 1,
2025.
INTRODUCED BY:
_____________________________
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.
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Prohibits any state agency from deriving
revenue or financial benefit from the provision of communication services to
persons confined in state correctional facilities.
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Requires the Public Utilities Commission to
establish service quality standards and rules for the free voice communication
services.
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Requires a report to the
Legislature.
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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.