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SB2688
THE SENATE
S.B. NO.
2688
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to compassionate release
.
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
correctional facilities in Hawaii and across the United States are housing a growing
number of incarcerated persons who require a high level of complex and costly
medical care.
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This is due in part to an
aging prison population, and in part to the generally poor health of
incarcerated persons.
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The
National Institute of Corrections defines older incarcerated persons as being
aged fifty years or older, and many correctional institutions estimate that an
incarcerated person's physiological age is ten to fifteen years older than
their chronological age due to prior lack of medical care, drug use, and the
stress of incarceration.
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As of
mid-September 2025, the Department of Corrections and Rehabilitation housed
nine hundred ninety-six incarcerated persons fifty years of age or older,
including over eighty incarcerated persons who were seventy or more years
old.
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Concern over how society should
deal with the aging and seriously ill prison population has led policymakers in
all states and the federal government to provide for the early release of
certain older and seriously ill individuals.
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The
legislature further finds that the early release of elderly and seriously ill
incarcerated persons will reduce State spending on corrections.
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The average cost of housing an incarcerated
person in Hawaii is $307 per day or $112,055 per year.
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Therefore the average cost to house Hawaii's nine
hundred ninety-six older incarcerated persons is $305,000 per day, or
$111,000,000 per year, not including the cost of higher staffing needs,
medications, and hospitalizations that are associated with caring for older
incarcerated persons.
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The
legislature additionally finds that parole board members, with the aid of
medical and correctional professionals, are able to make informed decisions
about granting compassionate release.
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Release policies are also supported by recidivism research which shows
that arrest rates drop to slightly more than two per cent for persons ages fifty
to sixty-five years old, and to almost zero percent for those older than sixty-five.
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The
legislature further finds that compassion is an expression of the aloha spirit
and that compassionate release of seriously ill and debilitated incarcerated
persons reflects the State's commitment to dignity, humanity, and justice.
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Accordingly,
the purpose of this Act is to create a compassionate release protocol for
certain ill or seriously debilitated incarcerated persons with the express
intent that all incarcerated persons who qualify for release are considered for
release to the community in a fair, just, and expeditious manner.
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SECTION
2.
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Chapter 353, Hawaii Revised Statutes,
is amended by adding a new subpart to part II to be appropriately designated
and to read as follows:
"
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Compassionate Release
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�353-
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Definitions.
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As used in this subpart:
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"Authority" means the Hawaii
paroling authority.
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"Compassionate release" means the
release of an incarcerated person before the expiration of the incarcerated
person's sentence due to the incarcerated person's terminal illness or
debilitating, chronic, or irreversible condition.
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"Debilitating, chronic, or
irreversible condition" means a persistent or progressive medical,
cognitive, or mental health condition that compromises an incarcerated person's
ability to perform one or more activities of daily living or significantly
compromises an incarcerated person's quality of life.
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"Director" means the director of
corrections and rehabilitation.
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"Incarcerated person" means a
person committed to the custody of the director who has been convicted of one
or more felony offenses.
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"Incarcerated person's
representative" means an attorney, family member, or other person,
including another incarcerated person, who is assisting the incarcerated person
in initiating an application for compassionate release or navigating the compassionate
release process.
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"Terminal illness" means a
progressive medical condition with a predictably poor prognosis that is
expected to result in death.
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�353-
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Referral
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The director shall have an affirmative and ongoing duty to identify
incarcerated persons who may meet the criteria for compassionate release
pursuant to this subpart and shall refer such incarcerated persons to the
authority for possible compassionate release as provided by this subpart.
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�353-
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Compassionate release; authority to release;
process.
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(a)
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An incarcerated person may be considered for
compassionate release if the incarcerated person:
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(1)
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Has a terminal illness;
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(2)
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Has a debilitating, chronic, or irreversible
condition;
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(3)
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Is too ill or cognitively impaired to
participate in rehabilitation or to be aware of punishment; or
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(4)
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Has a condition or combination of conditions
that requires a complexity of treatment or level of care that the department is
unable to provide on a long-term basis or the incarcerated person would
otherwise be more appropriately managed in a community setting.
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(b)
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The department shall promptly identify
incarcerated persons who meet the criteria for compassionate release under
subsection (a) and assist the incarcerated person in applying for compassionate
release, including developing a plan that meets the medical and physical needs
of the incarcerated person.
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(c)
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An application for compassionate release may
be initiated by the department's medical staff, an incarcerated person, or an
incarcerated person's representative.
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(d)
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The director shall submit all applications
for compassionate release to the authority within fifteen business days from
the date of the original request, along with the director's recommendation for
or against compassionate release, the reasons for the director's
recommendation, and any other documents the director deems appropriate to
assist the authority in making a decision for or against release; provided that
if it appears that an application for compassionate release clearly does not
meet the criteria for compassionate release or is clearly frivolous, the
director may hold the request and not submit it to the authority until it is
supported by a report from a licensed physician stating that, to a reasonable
degree of medical probability, the incarcerated person meets the criteria for
release.
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The incarcerated person or the
incarcerated person's representative shall be responsible for obtaining the
physician's report; provided that if the incarcerated person or the
incarcerated person's representative is unable to obtain the physician's report
due to medical, cognitive, or financial limitations, the department shall
provide the incarcerated person or the incarcerated person's representative
with reasonable assistance in obtaining the physician's report.
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(e)
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The authority shall hold an administrative
hearing to consider an application for compassionate release no later than ten
business days after receiving an application for compassionate release from the
director and shall grant release in accordance with subsection (f).
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(f)
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The authority shall grant compassionate
release and release the incarcerated person to an appropriate community setting
unless the authority finds that the incarcerated person does not meet the
medical criteria under subsection (a) for compassionate release or that the
incarcerated person presently poses an unreasonable risk to public safety.
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If the authority denies an application for
compassionate release, the authority shall state the reasons for the denial and
shall notify the incarcerated person or the incarcerated person's
representative of its decision.
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A denial
of compassionate release may not be appealed and shall not create a private
right of action.
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(g)
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Denial of compassionate release by the
authority shall not affect an incarcerated person's eligibility for any other
form of parole or release under any applicable federal or state law; provided
that the incarcerated person or the incarcerated person's representative shall
not reapply or be reconsidered for compassionate release unless there is a
significant change in the incarcerated person's medical condition or any other
material factor.
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(h)
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A grant of compassionate release shall not be
subject to the sixty day notice requirement of section 706-669(5).
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(i)
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Notwithstanding any law to the contrary, all
persons incarcerated by the State, including but not limited to persons serving
a mandatory minimum sentence or persons sentenced to life without parole, shall
be eligible for compassionate release pursuant to this subpart.
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A mandatory minimum sentence or sentence of
life without parole shall not preclude eligibility for compassionate release
pursuant to this subpart.
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�353-
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Conditions of release.
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(a)
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The authority shall set
reasonable conditions for an incarcerated person's compassionate release which
shall take into consideration the incarcerated person's medical conditions and
abilities.
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(b)
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The incarcerated person shall comply with all conditions for
compassionate release set by the authority.
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�353-
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Revocation of compassionate release.
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(a)
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The authority may order an individual granted compassionate release pursuant
to this subpart to be returned to the custody of the director to await a
revocation hearing if the authority receives credible information that the individual
has failed in a significant way to comply with the conditions established by
the authority for the individual's compassionate release.
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(b)
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When determining whether an individual's compassionate release should be
revoked, the authority shall consider the individual's medical health, mental
health, or cognitive condition as it relates to the alleged violation.
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(c)
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Revocation of compassionate release shall not affect an individual's
eligibility for any other form of parole or release, including any subsequent
application for compassionate release.
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(d)
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Absent a material change or change in circumstance of the individual's
medical condition, an individual whose compassionate release has been revoked
shall not be eligible to apply for compassionate release for at least six
months after the revocation of their compassionate release.
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�353-
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Reporting.
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(a)
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The department shall collect and maintain the following data on
compassionate release of incarcerated persons pursuant to this subpart, which
shall be complied into an annual report that shall be made publicly available no
later than of each
year:
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(1)
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The number of applications for compassionate
release received by the department;
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(2)
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The number of applications for compassionate
release forwarded to the authority; and
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(3)
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For each applicant who has applied for
compassionate release:
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(A)
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Where the applicant was housed at the time the
application was submitted;
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(B)
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If the application was initiated by the
department's medical staff, the incarcerated person, or the incarcerated
person's representative;
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(C)
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The highest class of instant offense committed
by the applicant;
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(D)
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How long the applicant had been incarcerated
at the time of application; and
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(E)
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If the applicant died prior to a decision or
after being granted compassionate release but prior to release from custody.
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(b)
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The authority s
hall collect and maintain the following data on compassionate
release of incarcerated persons pursuant to this subpart, which shall be
complied into an annual report that shall be made publicly available no later
than of each year:
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(1)
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The number of incarcerated persons granted
compassionate release by the authority pursuant to this subpart, disaggregated
by race, ethnicity, age, and gender identity;
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(2)
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The number of incarcerated persons whose
application for compassionate release was denied by the authority,
disaggregated by race, ethnicity, age, and gender identity;
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(3)
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The length of time between submission of the
application, the release decision, and the release date;
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(4)
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The number of incarcerated persons approved
for compassionate release but whose release was delayed by more than fifteen
days from the date of the hearing and the reason for the delay; and
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(5)
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The number of incarcerated persons returned to
the custody of the department after being granted compassionate release.
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353-
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Administrative rules; working group.
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(a)
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The department, authority, and Hawaii correctional system oversight
commission shall convene a working group to develop administrative rules to
implement the purposes of this subpart.
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(b)
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The working group shall consist of the
following members or their designees:
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(1)
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The director of corrections and
rehabilitation;
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(2)
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The medical director for the department of
corrections and rehabilitation;
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(3)
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The chair of the Hawaii paroling authority;
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(4)
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The chair of the Hawaii correctional system
oversight commission;
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(5)
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A formerly incarcerated individual, to be
jointly appointed by the director of corrections and rehabilitation, chair of
the Hawaii paroling authority, and chair of the Hawaii correctional system
oversight commission, who:
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(A)
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Worked as a medical aide while in the custody
of the department;
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(B)
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Has direct knowledge or experience of complex
medical issues while in the custody of the department; or
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(C)
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Was granted release;
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(6)
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An attorney with experience in applying for or
representing an incarcerated person seeking compassionate release, to be
jointly appointed by the director of corrections and rehabilitation, chair of
the Hawaii paroling authority, and chair of the Hawaii correctional system
oversight commission; and
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(7)
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A subject matter expert in compassionate
release research, policy, and practice, to be jointly appointed by the director
of corrections and rehabilitation, chair of the Hawaii paroling authority, and
chair of the Hawaii correctional system oversight commission.
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(c)
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The administrative rules developed by the
working group shall be adopted pursuant to chapter 91 by the department and
authority no later than twenty days prior to the convening of the regular
session of 2028."
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SECTION 3.
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Chapter 353, Hawaii Revised Statutes, is
amended by designating sections 353-61 to 353-72 as subpart A and inserting a
title before section 353-61 to read as follows:
"
A.
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Hawaii Paroling Authority � General
Provisions.
"
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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 upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Hawaii
Paroling Authority; Department of Corrections and Rehabilitation; Compassionate
Release
Description:
Establishes
a protocol for compassionate release for certain
ill or seriously
debilitated incarcerated persons.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.