REQUESTING THE ESTABLISHMENT OF A COURT SECURITY AND DEPARTMENT OF LAW ENFORCEMENT CAPACITY WORKING GROUP TO ADDRESS SYSTEMIC STAFFING SHORTAGES, EXPANDED STATUTORY RESPONSIBILITIES, AND THE ESCALATING FISCAL AND ACCOUNTABILITY RISKS ASSOCIATED WITH PRIVATE SECURITY CONTRACTING AT STATE COURTS.

SCR29

THE SENATE

S.C.R. NO.

29

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE ESTABLISHMENT OF A COURT SECURITY AND
DEPARTMENT OF LAW ENFORCEMENT CAPACITY WORKING GROUP TO ADDRESS SYSTEMIC STAFFING
SHORTAGES, EXPANDED STATUTORY RESPONSIBILITIES, AND THE ESCALATING FISCAL AND
ACCOUNTABILITY RISKS ASSOCIATED WITH PRIVATE SECURITY CONTRACTING AT STATE
COURTS
.

����
WHEREAS, the
State established the Department of Law Enforcement as a cabinet-level
department with expanded statewide public-safety responsibilities,
consolidating and increasing statutory duties without a commensurate, sustained
expansion of Deputy Sheriff positions; and

����
WHEREAS, the
Sheriff Division of the Department of Law Enforcement is responsible for
securing all state court facilities; transporting persons in custody; executing
warrants and court orders; protecting state officials and facilities;
supporting agricultural and land enforcement operations; assisting with Department
of Education campus safety; responding to disasters and emergencies; and
performing other duties as assigned by statute or executive directive; and

����
WHEREAS, the
scope, geographic reach, and complexity of these responsibilities have expanded
significantly in recent years, while recruitment pipelines, compensation
structures, and training capacity have not grown proportionally; and

����
WHEREAS, persistent
vacancies, extended hiring timelines, academy throughput constraints,
compensation disparities relative to county law enforcement agencies, reliance
on mandatory overtime, and cross-deployment of deputies away from core judicial
assignments have created structural scarcity within the Sheriff Division; and

����
WHEREAS, this
scarcity has directly affected the Hawaii State Judiciary's ability to maintain
consistent, publicly staffed security coverage at state court facilities,
resulting in operational strain and increased reliance on contracted private
security personnel; and

����
WHEREAS, testimony
presented during public hearings before the House of Representatives Committee on
Finance earlier in 2026 by representatives of the Hawaii State Judiciary
detailed drastically increased expenditures for private security services at
court facilities, including proposals for armed contracted security at court
entrances, reflecting escalating recurring costs attributable to unfilled
Deputy Sheriff positions; and

����
WHEREAS, these
expenditures represent a structural budgetary shift in which recurring
operating funds are increasingly allocated to private security contracts on a
year-to-year basis rather than invested in stabilizing and expanding the public
Deputy Sheriff workforce; and

����
WHEREAS, a continued
reliance on vacancy-driven contracting with private-security services risks
normalizing a parallel security infrastructure that fragments public
accountability, diffuses oversight, and gradually erodes institutional
public-sector capacity; and

����
WHEREAS, private
security contractors are not governed by the same constitutional accountability
standards, public transparency requirements, disciplinary systems, or
collective bargaining frameworks that apply to sworn public officers, raising
material concerns regarding use-of-force protocols, incident reporting,
liability exposure, and coordination during high-risk court proceedings; and

����
WHEREAS, state
courts are foundational democratic institutions where constitutional rights are
exercised and adjudicated, protective orders are issued, criminal proceedings
are conducted, and public disputes are resolved, and the protection of state
courts is a core sovereign function that requires stable and accountable public
stewardship; and

����
WHEREAS, the failure
to align expanded mission scope with sufficient staffing capacity undermines
access to justice, increases fiscal inefficiency over time, and shifts risk
from structural workforce investment to reactive contracting expenditures; now,
therefore,

����
BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that a Court
Security and Department of Law Enforcement Capacity Working Group is requested
to be established to address systemic staffing shortages, expanded statutory
responsibilities, and the escalating fiscal and accountability risks associated
with private security contracting at state courts; and

BE IT FURTHER RESOLVED that the
Court Security and Department of Law Enforcement Capacity Working Group is
requested to evaluate and recommend structural solutions to:

����
(1)
�
Realign Department of Law Enforcement staffing
levels with expanded statutory responsibilities;

����
(2)
�
Stabilize Deputy Sheriff recruitment and
retention; and

����
(3)
�
Reduce long-term fiscal dependence on private
security contracting at state court facilities; and

����
BE IT FURTHER
RESOLVED that the Court Security and Department of Law Enforcement Capacity
Working Group include:

����
(1)
�
The Chief Justice of the Hawaii Supreme Court,
or the Chief Justice's designee;

����
(2)
�
The Director of Law Enforcement, or the
Director's designee;

����
(3)
�
The Director of Human Resources Development,
or the Director's Designee;

����
(4)
�
The Director of Finance, or the Director's
designee;

����
(5)
�
The Attorney General, or the Attorney
General's designee; and

����
(6)
�
The exclusive representatives for any affected
bargaining units; and

����
BE IT FURTHER
RESOLVED that the Court Security and Department of Law Enforcement Capacity
Working Group is requested to collaborate in good faith, using existing
departmental data and resources, to review and discuss the following matters:

����
(1)
�
Mission Scope and Resource Alignment: An
overview of the statutory and operational responsibilities assigned to the
Department of Law Enforcement and a general assessment of whether current
authorized and filled positions appear sufficient to meet court security
obligations without recurring reliance on private contracts;

����
(2)
�
Facility-Level Court Security Needs: A
discussion of minimum safe staffing considerations for state court facilities
and identification of where contracted services are currently being used due to
Deputy Sheriff vacancies;

����
(3)
�
Workforce Stabilization Considerations: An
examination of recruitment and retention challenges, including compensation
competitiveness, hiring timelines, training throughput, vacancy duration, and
overtime dependency;

����
(4)
�
Private Contracting Fiscal Overview: A
high-level summary of current and projected expenditures for private security
services at state court facilities and general comparison of the costs
associated with restoring public staffing capacity;

����
(5)
�
Accountability and Risk Considerations: Identification
of policy considerations related to training standards, reporting protocols,
coordination with sworn officers, transparency, and liability when private
security contractors are used; and

����
(6)
�
Preliminary Recommendations: Any suggested
administrative, budgetary, or legislative actions that may help improve
long-term alignment between the mission scope of the Department of Law
Enforcement and staffing capacity; and

����
BE IT FURTHER
RESOLVED that the Court Security and Department of Law Enforcement Capacity
Working Group is requested to prepare and submit to the Legislature a report of
its findings and recommendations, including any proposed legislation, no later
than twenty days prior to the convening of the Regular Session of 2027; and

����
BE IT FURTHER
RESOLVED that the Hawaii State Judiciary is requested to provide any necessary
administrative support to the Court Security and Department of Law Enforcement
Capacity Working Group, including preparing and drafting the report; and

����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Chief Justice of the Hawaii Supreme Court; Director of Law Enforcement;
Director of Human Resources Development; Director of Finance; and Attorney
General.

OFFERED BY:

_____________________________

Report Title:
�

Court
Security and Department of Law Enforcement Capacity Working Group