Keeping the Public Safe
By Hawaii State Senator Will Espero
Let’s make no mistake about this: the Legislature cares about public safety. We want to reduce the incidence of repeat offenses by former inmates. We want to relieve prison overcrowding. The reality is that most offenders will complete their prison terms and go back into the community. The corrections system should, in that time while the
prisoner is in custody, work with the offender so that on release, he or she will stay straight and not return to a life of crime. Helping ex-offenders successfully re-integrate factors into relieving prison overcrowding. Let’s take this in two parts: state plans to build a new prison site on Maui to accommodate a larger inmate population, and plans to address the issue other than building larger and/or more prisons.
The New Prison
Since 2002, the Legislature funded $42 million for the construction of a new prison on Maui. More than five years have passed without the Governor taking even initial steps on the project. In October 2008, a $13 million federal grant to assist with construction costs will expire, if the administration does not secure an extension. Thus, the Maui Community Correctional Center (MCCC) was the first order of business for Public Safety Legislative Oversight Committee during this interim. On July 7, 2007, the Committee visited both the Wailuku prison and the proposed new Puunene site, then held a community information and input meeting on the same day. Lt. Governor Aiona arrived at the meeting to discuss plans for Puunene. Despite five years of no action from the Governor on the project, the Lt. Governor announced he expects the new prison be in operation by 2010, which happens to be when the next gubernatorial election will be held.
The existing Maui Community Correctional Center (MCCC) was built to house under 300 inmates, but its average population is over 300. On the day of the visit, MCCC had 316 inmates. Rep. Joe Souki was concerned that 14 rooms – each 72 square feet large and designed for only 2 inmates — held three inmates.
Russ Saito, state Comptroller, told the legislators the planned Puunene prison, occupying 35 acres behind the armory, at optimum capacity would accommodate 672 prisoners. They presented a sketch that appeared to be quickly drawn up for the meeting. This immediately caused concern about how much thought had gone into the prison design given the Lt. Governor’s assurances that the prison would be operational by 2010.
Facility design affects safety, staffing needs, program availability, and other considerations. Efficient design produces a safer prison and requires less staff to operate. With a history of overtime abuse and chronic staff shortages, the prison needs an efficient design to minimize these problems. As more than one testifier pointed out, insufficient staff for the simple act of inmate movement limits program availability to those times when staff is available.
The Lt. Governor and Mr. Saito indicated that the prison would be built in phases because only about half the funding is currently available for construction, which they said would cost $100 million, more than double the cost as presented to the 2002 Legislature when the funds were originally appropriated. The Committee was concerned about the five year delay adding to the costs, and that putting the project on the fast track to be ready by the next election may skyrocket the costs even more. The delay has already jeopardized the availability of federal funding for the construction.
Several testifiers warned the Committee that Puunene’s isolation and desert-like conditions translated to infrastructure insufficient to support the facility. Puunene would need its own sewage treatment plant, air conditioning to be livable and the electricity to provide it, and an adequate water supply, as well as transportation for furlough prisoners. Maui Councilwoman Gladys Baisa, Chair of the Planning Committee, stressed Maui’s Bill 13, known as “Show me the water.” Developers coming to the County Council must demonstrate 20 years of reliable water to supply any planned development. Baisa understands the need to replace the outdated MCCC, but said that Puunene’s water sources are strained, an opinion echoed by other Maui residents.
DAGS reported that based on input for its Environment Assessment (EA), an Environment Impact Statement (EIS) is not needed for the new $100 million Puunene prison. About 60 members of the public at the meeting — including those who work directly with the prison population — were surprised and unaware of any community input meeting for the new prison. Baisa said that no one from the state talked to her about the Puunene facility, that she was unaware of any community input meeting on it, and that she had not seen the state’s Environmental Assessment (EA), even though as County Planning Chair she should have been involved.
Many others testified along the lines of BEST Program Director Carrie Ann Shirota and Councilwoman Baisa. The bottom line: the Legislature wants to be sure that the design is carefully thought out for safety, staffing, efficiency, cost-effectiveness, and optimizing rehabilitation, and that construction financing is responsibly handled. The Governor’s impromptu 180 degree turn in her second term – punctuated by the dodgy sketch offered at the meeting – does not give the Oversight Committee the confidence that careful thought has gone into the project.
Overcrowding
Public consensus at the Maui meeting was that investing in rehabilitation programs is more successful in reducing recidivism. As one person put it, Maui supports and appreciates the BEST Reintegration Program because it works, and they’re tired of investing money in an old system that has failed to make our communities safer. The Legislature agreed when it overrode the Governor’s veto to pass S.B. 932 – the Comprehensive Offender Re-entry System — into law. Congress has seen the light about reducing crime through rehabilitation and is considering the Second Chance Act. S.B. 932 funds $3.5 million into programs to get offenders off the crime track and stay on the right track: BEST, cognitive restructuring, restorative circles, day reporting and re-entry staffing.
Councilwoman Baisa referred to the Delancey Street Project, which began in 1971 as a new approach to “turn around the lives of ex-offenders by empowering them to become their own solution.” Training is in four primary areas: (1) life fundamentals; (2) physical labor skills; (3) interpersonal skills; and (4) tutoring to raise educational levels. San Francisco’s project is self funded through operation of several businesses including a restaurant, a café and bookstore, a moving company, para-transit services, automotive services, Christmas tree sales, handcrafted furniture, and handcrafted pottery and art objects. Of its nearly 12,000 graduates, 59% move on to lawful jobs, self-sufficient lives, and stick to social responsibility and economic accountability. While the legislature has not yet considered Delancey, BEST has a working relationship with the Project.
We can choose to make the public safer by funding re-integration programs that re-direct offenders’ thinking, behavior, and circumstances to help break the cycle of criminal conduct, or we can continue the status quo thinking. The evidence shows that investing in re-entry programs is far more effective in reducing repeat offenses and lowering prison congestion. This is the track the Legislature feels is best and we will continue to work toward this goal of improving public safety.
Senator Will Espero represents the 20th Senatorial District (Waipahu, Ewa, Ewa Beach and West Loch) on the Island of Oahu. He also serves as the Chair of the Senate’s Public Safety Committee.