Early release of nonviolent prisoners approved by key panel

The state correctional system will likely be able to begin releasing misdemeanor criminal offenders in the coming months as a way to ease severe overcrowding in Hawaii jails.

House Bill 2391, part of Gov. David Ige’s legislative package, unanimously passed conference committee on Wednesday, a crucial hurdle in the final days of this legislative session. The full House and Senate are expected to approve the bill and send it to Ige for consideration.

Inmates are sleeping three to four people to a cell at jails on Oahu, Maui, Hawaii island and Kauai. All jails are holding about double the inmates they were designed to house, making the state vulnerable to inmate lawsuits, according to the Hawaii Department of Public Safety.

DPS Director Nolan Espinda said after the hearing that it “remains to be seen” how much the bill will help alleviate overcrowding.

“The bill rightfully is very restrictive in who we have the ability to release,” he said. “But we will be evaluating every potential candidate throughout the state at every community correctional center to evaluate their appropriateness for the program.”

Espinda said that a snapshot taken by his department last month identified about 550 inmates who might be good candidates for early release. However, under the bill inmates will only qualify for early release if they are incarcerated after July 1, when the measure is scheduled to take effect.

The bill would only allow low-level, nonviolent offenders to be released early. Inmates who have been denied bail or have had bail set at more than $5,000 would not qualify. Inmates also can’t have a history of violence or threatened violence, sexual harassment, stalking or violations of restraining or protective orders.

Honolulu Prosecutor Keith Kaneshiro has opposed the bill, arguing in testimony that while overcrowding is a concern, “public safety should always stand alone as a top priority.”

The bill would require DPS to submit annual reports to the Legislature on how the program is working, including any post-release offenses by inmates. The bill would expire in July 2020.