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HomeMy WebLinkAboutCOM 0240.001 2012-2014 age 1 of 2 PCouNcn. Murashige, Laura comm. 240 From: ronsan2224 @aol.com Sent: Tuesday, April 16, 2013 10:45 AM To: counciltestimony @co.hawaii.hi.us Cc: kupunasam @gmail.com; ohanahoopakele @gmail.com Subject: Re: Testimony on Res 102-13 related to the Pu'uhonua Alternative Program Attachments: HawaiiAdministrationJusticeNativeHawaiiansReport.pdf Am including the November, 2011 report"Is There an Uneven Administration of Justice for Native Hawaiians in Hawai'i by the Hawai'i Advisory Committee to the United States Commission on Civil Rights. Original Message From: Ronald Fujiyoshi <ronsan2224 @aol.com> To: counciltestimony <counciltestimony @co.hawaii.hi.us> Cc: kupunasam <kupunasam @gmail.com>; ohanahoopakele <ohanahoopakele@gmail.com>; ronsan2224 <ronsan2224 @aol.com> Sent: Tue, Apr 16, 2013 10:40 am Subject: Testimony on Res 102-13 related to the Pu'uhonua Alternative Program Dear Honorable Council Members, First, we want to thank Councilmember Margaret While for drafting this resolution! And although we were not able to read the full text of the resolution, we read, "Also supports a proposal to integrate a program which would incorporate Hawaiian cultural traditions in preparation for reintegration prisoners to be released from prison, such as the Pu'uhonua Alternative Program". When we testified before the Committee on Public Safety and Mass Transit on March 27, 2013, you did not listen carefully enough. While Mr. Ted Sakai may be a nice person and a graduate of Hilo High School, you cannot simply as a Hawai'i County Council support the Department of Public Safety. Councilmembers, did you not hear Mr. Wesley Lindsey testify that "Prison is a revolving door! " Prison is not working. Mr. Ted Sakai said that when he was director of the Department of Public Safety the first time, there were 1,000 pa'ahao. Today, there are 6,000 pa'ahao. That is a 5001 increase. Uncle Joe Tassill, one of our advisors, shepherded HB 2848 (now Act 117) through the State Legislature in 2012, he was motivated by the high cost of incarceration. At that time, the budget of the Department of Public Safety was $229, 000,000! This year's budget, as submitted by Mr. Ted Sakai is $233 million. Next year's budget (2014) is submitted for $249 million. That is an average of $41,000 per year for each of the 6,000 pa'ahao. By merely supporting the Department of Public Safety's present plans, there will be no change in the number of pa'ahao in prisons. Councilmembers, please be more pro-active in caring for the pa'ahao! You need to be pro-active on what happens on this island. Kumu Richard Paglinawan, teacher of both Ho'oponopono and the Hawaiian lua, made a clear statement on the second day of the Pu'uhonua Summit on November 3, 2012, the summit sponsored jointly by the Office of Hawaiian Affairs and the Department of Public Safety. He said, "The prison system is a system based on punishment. The Pu'uhonua was a system based on healing. You cannot have a Pu'uhonua within a prison. " Please do not, for one minute, think that a Pu'uhonua can be a program within a prison. You have a great opportunity to make a breakthrough in a broken system, "Advocate for a Pu'uhonua at the Kulani site. " In November, 2011 the Hawaii Advisory Committee to the United States Commission on Civil Rights published its report, "Is There an Uneven Administration of Justice for Native Hawaiians in Hawaii?" In its findings it writes, "Native Hawaiians are disparately impacted by the state's criminal justice system. l O, Comm. N ("Z Ref. To: _C Ref. Date ± 4/16/2013 Page 2 of 2 Though they are approximately 20 percent of Hawaii's population, Native Hawaiians comprise more than 40 percent of the state's prison population. " Dr. Radeen Keahiolalo-Karasuda, in her doctoral dissertation, "The Colonial Carceral and Prison Politics in Hawai'i" argues that the current proportion of Native Hawaiians in prison is far above that acknowledged by the Department of Public Safety. We think there is a legal case against the State of Hawaii for knowing of this disparity of Native Hawaiians in the criminal justice system all these years and not doing anything about it, is a violation against the civil rights of Native Hawiians. Please, County Councilmembers, reword your resolution to support a Pu'uhonua for Kanaka Maoli at the Kulani site. This is only a 200-bed facility. As Mr. David Winett, an ex-warder of a 6, 000-bed prison in California, and a 1/2 time resident in Kailua-Kona every year argues, a 200-bed Pu uhonua for Native Hawaiians can easily be monitored to show whether it works. Thank you for this opportunity to submit testimony before you in this form! Ronald S. Fujiyoshi, Treasurer Ohana Ho'opakele P.O. Box 5530 Hilo, HI 96720 Tel. 959-9775 w w.ohan0h0opakele :a.rc Email: chanahoopakele @gmail.com. 4/16/2013 Is There an Uneven Administration of Justice for Native Hawaiians in Hawaii? A Report of the Hawaii Advisory Committee to the United States Commission on Civil Rights September 2011 This report is the work of the Hawai`i Advisory Committee to the U.S. Commission on Civil Rights. The report, which may rely on studies and data generated by third parties, is not subject to an independent review by Commission staff. The views expressed in this report and the findings and recommendations contained herein are those of a majority of the State Advisory Committee members and do not necessarily represent the views of the Commission or its individual members, nor do they represent the policies of the U.S. Government. State Advisory Committees By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states and the District of Columbia. The committees are composed of state citizens who serve without compensation. The committees study and advise the Commission of civil rights issues in their states that are within the Commission's jurisdiction. More specifically, they are authorized to advise the Commission on matters of their state's concern in the preparation of Commission reports to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to committee inquiries; and forward advice and recommendations to the Commission, as requested. The Hawaii Advisory Committee to the U.S. Commission on Civil Rights Michael A. Lilly, Chairman Michelle Nalani Fujimori Kaina, Vice-Chair Arnefil Agbayani* Robert Alm H. William Burgess* Vernon Char Linda Colburn H.K. Bruss Keppeler* James Kuroiwa* Carmen Lindsey Paul Smith Wayne Tanna* Jackie Young * Members of the Hawai`i Advisory Committee sub-Committee on Justice Letter of Transmittal Hawai`i Advisory Committee to the U.S. Commission on Civil Rights Kimberly A. Tolhurst Delegated the Authority of the Staff Director The Hawai`i Advisory Committee to the U.S. Commission on Civil Rights submits this report, Is There an Uneven Administration ofJustice for Native Hawaiians in Hawai`i?, as part of its responsibility to study and advise the Commission on civil rights issues in Hawai`i that are under the jurisdiction of the Commission.This report was adopted by a vote of 12 yes and 1 no. Information and testimony received by the Hawai`i Advisory Committee from numerous sources to include officials of the state's criminal justice system show a serious disparity affecting Native Hawaiians in the state's criminal justice system. Though Native Hawaiians comprise approximately 20 percent of state's population, they comprise more than 40 percent of the state's prison population, which I have confirmed by personal observation during many visits to all of Hawai`i's prisons over the last 35 years. The reasons for the disparity, however, are complex, and have seemed intractable for a number of decades. In its briefing on the issue, the Hawai`i Advisory Committee heard that seven major characteristics contribute to criminal behavior to include: poverty, unemployment, lack of education, single parent families, substance abuse, youth, and a family member in the criminal justice system.Native Hawaiians in the state, as a group, disproportionately possess these characteristics. However, such explanations may not adequately explain the particular disparity with respect to Native Hawaiians as the Hawai`i Advisory Committee also heard testimony that commonly accepted reasons for criminal behavior may not accurately account for such disparities in the particular case of Native Hawaiians. To its credit the State of Hawai`i recently commissioned a study of this issue, and in 2010 the Office of Hawaiian Affairs (OHA) released a first study that examined disparities in the criminal justice system and Native Hawaiians. Of noteworthy interest, the OHA study pointed out that it is a relatively recent phenomenon for Native Hawaiians to be disproportionately represented in the criminal justice system. Through the mid-1900s other immigrant groups to the state were disproportionately impacted and Native Hawaiians were underrepresented in the criminal justice system. A second and more in-depth study of the issue has now been authorized by the state Legislature. The Hawai`i Advisory Committee commends the State of Hawaii for taking this initiative, as this is an important civil rights issue that requires not only attention but resolution. In adhering to its statutory mandate to study information relating to discrimination or a denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, the Hawai`i Advisory Committee intends to give the issue of the administration of justice its continued attention. The Committee is resolved not only to assess this issue in its own right, but also to monitor forthcoming studies from state sanctioned sources as well other independent studies and offer its bipartisan judgment on this important civil rights issue. Respectfully, Michael A. Lilly, Chairman Hawaii State Advisory Committee The Hawaii Advisory Committee to the Native Hawaiians. The study examined the U.S. Commission on Civil Rights administration of the Hawaiian IIomes Commission Act of 1920 (IIHCA).3 The By law, the U.S. Commission on Civil Rights Committee followed-up on this report with a has established state advisory committees in second study, and found a continued failure by each of the 50 states and the District of the federal and state governments to protect the Columbia. These State Advisory Committees civil rights of Native Hawaiians.' examine civil rights issues in their states that are within the Commission's jurisdiction. This.' In 2009, at a meeting of the Hawai`i Advisory Committee in Honolulu, there was an expressed The modem civil rights movement had its roots concern among Committee members that some in anti-slavery activities prior to the Civil War, minority groups may be suffering discrimination such as the American Anti-Slavery Society and in the administration of justice. The Hawai`i the New England Anti-Slavery Society. In the Advisory Committee resolved to examine this ensuing decades after the Civil War, southern issue and make its findings public. states began passing segregation laws marking the beginning of the "Jim Crow" era. In 1896, On September 20, 2010, the Hawai`i Advisory the U.S. Supreme Court upheld the legality of Committee held a community forum on the these segregation statutes in its infamous Plessy administration of justice. At the forum the decision. The modern day civil rights Committee received testimony from law movement occurring in the South in the late enforcement agencies and elected officials. The 1950s, its work has expanded to include the Committee also received information from provision of equal opportunity for all minority individuals, community organizations, and groups. researchers that had studied the issue. Additional information was submitted to the Committee for Although the Commission and its state advisory the record. The testimony and information committees were established primarily in received by the Committee during the hearing response to issues of racial segregation, the civil process primarily focused on Native Hawaiians. rights movement rights movement would expand This report by the Hawaii Advisory Committee its initially focused concern regarding equality is its statement regarding the administration of for African Americans to encompass other justice and Native Iawaiians.` identifiable minority groups, such as women, American Indians, Latinos, and the disabled. In Ilawai`i, the work of the Hawaii Advisory Committee to the U.S. Commission on Civil 3 42 star. los(1921). Rights (Hawai`i Advisory Committee) has 4 Sec: 4 Broken Trust, The Hawaii Homelands Program: focused its attention on equal opportunity issues Seventy Years of Failure by the Federal and State as they relate to Native Hawaiians.- Governments to Protect the Civil Rights of Native In October 1980 the I lawai`i Advisory Hawaiians, Hawaii Advisory Committee to the U.S Commission on Civil Rights, December 1991. Committee released a first report on long ' the forum was held on September 20,2010,at the Liliha neglected problems affecting homelands for Public Library, Honolulu, Hawaii. Testifying before the Committee were: Tommy Johnson (Department of Public Safety); Cpt. Gordon Shiraishi and Lt. Coby Tatsuyama State advisory committees advise the Commission (Honolulu Police Department); Roy Rceber (Hawaii concerning matters includes the study of discrimination or a Paroling Authority); Cecelia Chang and Tana Kekina- denial of equal protection oldie laws under the Cabaniero (Office of the Prosecuting Attorney); Constitution because of color,race,religion,sex,age, Representative Faye Pua Hanohano; Kat Brady disability or national origin or in the administration of (Community Alliance on Prisons); RacDcen Keahiolalo- justice.CFR 45 §703.2. Karasuda (Kamchameha Schools); Mcda Chesney-Lind 2 Breach of Trust? Native Hawaiian Homelands, Hawaii (University of Hawaii); and Alphonso Braggs (Honolulu Advisory Committee to the U.S. Commission on Civil NAACP). Rights,October 1980. 1 Officials from law enforcement agencies Hawai'i Paroling Authority respond to allegations of disparities in the administration of justice Administratively attached to IIDPS is the Hawai`i Paroling Authority(HPA). Roy Reeber, Hawaii Department of Public Safety Board Member of the HPA, told the Hawai`i Advisory Committee that the prison population Unlike most other states, Hawai`i has a unified in Hawai`i has doubled since the 1990s. He also correctional system. The Hawaii Department of confirmed OHA's finding that under the Hawaii Public Safety (HDPS) oversees the Corrections criminal justice system the Parole Board sets the Division which includes local jails and state minimum time to be served before the person is prisons; a law enforcement division, which eligible for parole. The other part of sentencing includes narcotics and sheriff divisions; and the comes from the presiding judge, who sets the Parole Authority. Tommy Johnson, deputy maximum sentence to be served.' director of HDPS, reported to the Hawai`i Advisory Committee that II Race is at the `back- Table 1 end' of the criminal justice system. As such, Racce e and ethnicity of persons in Hawai`i,as as of June 30, 2010 IIDPS has no direct involvement in affecting Percent which persons come under its jurisdiction.6 Hawaiian/Part Hawaiian 41 White 27 Addressing the issue of disparities in the Filipino 11 criminal justice system, Johnson provided Japanese ■ information to the llawai`i Advisory Committee Samoan 4 from HDPS that showed Native Hawaiians African American 3 substantially overrepresented in the state's Hispanic 2 correctional system. Persons identified as Native Hawaiian/Part Hawaiian are 41 percent of the K Chinese 0 prison population. Whites comprise 27 percent K 1 of the persons in prison, while Filipinos are 11 Other" 3 percent. No other racial or ethnic group makes- Other Pacific Islander 0 up more than 10 percent of the state's prison Not Reported _ 2 Source Hawai'i Department of Public Safety. population. (See Table 1.) The data displays a * "Other'.includes American Indians,Vietnamese, striking disparate representation of' Native and other groups not listed. Hawaiians in the correctional system. ""Not reported"represents that person did not indicate a race or ethnicity to HDPS. Despite the data reported by his department, Like Johnson, Reeber also advised the Hawaii Johnson noted that he does not believe the Advisory Committee that racial and ethnic data presented data on race and ethnicity is reliable. published by the department has limitations due "Despite the fact that the data show an to the self-reporting of race and ethnicity. overrepresentation of Native Hawaiians, there "When a suspect or detainee is asked his or her needs to be a more definitive definition of race race or ethnicity, the first item reported by the and ethnicity. Presently, offender data is self- person is what is recorded. If the suspect says reported. So the race and ethnicity of a person is `Hawaiian,' then that is what is recorded. If the whatever the person claims. To accurately assess suspect says `Hawaiian and white,' then any disparity, race and ethnic data need to be `Hawaiian' is recorded."'9 more carefully gleaned."' d Roy Reeber,Hawaii Justice Hearing. 6 Tommy Johnson, testimony before the Hawai'i Advisory `'Ibid. Committee to the U.S. Commission on Civil Rights, Sept. 20, 2010, Honolulu, Hawai`i (hereafter Hawaii Justice Hearing.) 7 Ibid. 2 Speaking to recidivism rates, in the opinion of free profiling. "The policy of the department is Reeber, rates for parolees and prisoners do not that officers are to be fair, act with integrity, and significantly differ along racial and ethnic lines. treat everyone with the same standard. For Ile told the Hawai`i Advisory Committee that example, if a police officer wants a warrant prisoners of Japanese ethnicity had the highest issued, there are policies in place that must be recidivism rate at 68 percent, while Filipinos had followed. The determination to issue a warrant is the lowest at 52 percent; the rate of recidivism based on the evidence, not on the race or for Hawaiians was 60 percent."' ethnicity of the suspect."13 Honolulu Police Department Captain Shiraishi repeated the earlier remarks from officials of HDPS and HPA that race and Captain Gordon Shiraishi and Lieutenant Coby ethnic arrest data are self-reported, arid therefore '1'atsuyama from the Training Division of the suspect. "When someone gets arrested, it is what Honolulu Police Department (HPD) also the person says that determines their race or testified before the Hawai`i Advisory Committee ethnicity. There is a lot of mixture in Hawaii, so about disparities in the administration of justice. a person who is arrested may say "Hawaiian," HPD is the largest law enforcement agency in but is really 70 percent white. To the arresting the state, with more than 2,000 sworn officers. It officer, that person is Hawaiian."14 polices the area of the state with the largest population and the portion of the state that Table 3 accounts for 70 percent of all crime and 75 Race and ethnicity of Honolulu Police Department •olice officers percent of all violent crime.'1 Number Percent Table 2 White 1 336 17.1 Crime rates for Hawai`i and the City and County of Black/Puerto Rican 51 2.6 Honolulu Filipino 186 9.4 City and Hawaiian/Part Hawaiian 529 26.9 County of Honolulu Asian 487 24.7 State Honolulu percent Other 348 17.7 Violent Samoan/Pacific Islander 32 1.6 crime 3,432 2,570 74.9 Source:Honolulu Police Department. Property crime 60,635 42,383 69.9 Total 64 06 44 3 3 70.2 2 HPD also provided a racial and ethnic profile of Source:Uniform Crime Reporting Data,State of Hawaii. its sworn police officer force to the Hawaii Advisory Committee. Hawaiians/Part Hawaiians Captain Shiraishi said: "From my experience, comprise the largest ethnic group on the police police officers just go out there and enforce the force, at 27 percent of the police force. The next law. Everyone is the same to the police officer, two largest racial/ethnic groups represented in and the department really stresses that concept the department were Asians and whites, with its officers. When new officers are first comprising 25 and 17 percent respectively of the trained they are given a course in bias-free total police force. profiling, and that training is repeated by officers after they graduate from the academy."'2 Captain Shiraishi emphasized to the Hawai`i Advisory Committee that the department 13 Ibid. stresses to its officers the HPD policy of bias- ''' Ibid.. 15 See Table 3. IS Ibid. II See Table 2. 12 Captain Gordon Shiraishi,Hawai'i Justice Hearing. 3 Office of the Prosecutor states that it does criminal history, grade of offense, felon in not prosecute on the basis of race or possession, career criminal, and flight risk."'' ethnicity nor track data on that basis Apart from prosecution, Chang informed the The four counties of Ilawai`i are the only legally Hawai`i Advisory Committee that HOPA constituted government bodies below that of the actively engages in community efforts to prevent state. No formal level of government (such as crime. Chang noted for the Hawai`i Advisory city governments) exists below that of the Committee that 10 percent of all offenders county in Hawaii. As such, county offices of commit 50 percent of all crimes. Similarly, 10 the Prosecuting Attorney are the legal agencies percent of victims are associated with almost responsible for the prosecution of criminal half of all victimization, and 10 percent of offenses occurring in their jurisdictions. Deputy locations are responsible for 60 percent of police prosecutors are not civil servants with immunity calls for service. to act independently. Prosecuting attorneys are political appointees, who serve at the pleasure of As a result, HOPA has developed community the elected Prosecuting Attorney.16 programs designed to proactively educate victims, control potential offenders, and improve Speaking to the issue of disparities in the locations to eliminate chronic crime problems.'`' administration of justice, Cecelia Chang and Along with this initiative by HOPA, Chang Tana Kekina-Cabaniero, deputy prosecuting further told the Hawaii Advisory Committee attorneys, represented the City and County of that seven major characteristics contribute to Honolulu Office of the Prosecuting Attorney criminal behavior. These are: (IIOPA). Ms. Chang asserted that there was no • poverty, racial or ethnic bias in the prosecution of crimes. • unemployment, "My earnest belief is that there is no ethnic or • lack of education, racial discrimination in criminal prosecutions by • single parent families, the Office of the Prosecuting Attorney. The • substance abuse, decision to prosecute is evidence-based. If a file • youth, and is presented to our office that has sufficient • family member in the criminal justice evidence to prove beyond a reasonable doubt, system. then our office will prosecute. In cases where there is insufficient evidence, the Prosecuting As a group, Native Hawaiians in the state Attorney will decline to prosecute."17 disproportionately possess these characteristics. The rate of poverty is much higher for Native Moreover, regarding race and ethnic data, Chang Hawaiians; fewer Native Hawaiians have post- informed the Hawai`i Advisory Committee that secondary degrees; almost 40 percent of Native HOPA does not have the capability to track Hawaiian children live in single-parent prosecution decisions by race or ethnicity, as households; the median age of Native Hawaiians that information is not maintained. The only is 10 years younger than the general population; exception to this rule is for hate crimes, and for and, as can be inferred from data received by the those crimes it is the race and ethnicity of the Committee from HDPS, Native Hawaiians are victim that is tracked. This also applies to pre- more likely to have a family member in the trial detention decisions. As Chang told the criminal justice system.20 Committee: "Once a decision to charge has been made, there are multiple factors that can affect pre-trial detention. Some of these are prior 8 Ibid. 11 Ibid. 20 See Tables 4, 5, and 6. 15 Cecelia Chang,Hawai'i.lustice Hearing. t7 Ibid. 4 Representatives of the African American same time it cannot be denied that African community assert discrimination in the Americans represent six to seven percent of the administration of justice state's prison population, and that is twice their official number according to the Census."23 The IIawai`i Advisory Committee also heard from other individuals, who asserted that Native Wooten expressed the concern that a lack of Hawaiians along with other minority groups diversity among judges acts to impede a fair and suffer from a disparate administration of justice. impartial administration of justice. "While there Alphonso Braggs, president of the Honolulu are a few African American prison guards and a chapter of the NAACP, and Andre Wooten, a few African American probation officers, at this practicing attorney in Honolulu, were among time there are absolutely no African American persons to express such views. judges or magistrates on the Federal bench in Hawai`i .... [The African American community] Alphonso Braggs told the Hawai`i Advisory has called upon the government of the State of Committee that racial and ethnic disparities in Hawai`i to appoint an African American judge justice have a long history in the state. "It is sad or two, reasoning that if [other judges] had for me to say that we are now again talking African American attorneys and judges as peers about the same substantive points that have been and mentors [they] would have colleagues to discussed many times before in the past. That is, discuss matters with and become sensitized to simply, we have a disproportionate number of unconscious racism, which we fear displays ethnic minorities who are not receiving equal itself in sentencing disparities.i2`t justice under the law."2r 1 hero on'cls to is a cool/iliac asseysrhent of Braggs went on to say that discrimination may the Justice s ys•te rn 1 i all aspects' and <nsir ca not be intentional, but it still exists. LIe asserted period of !One to_Dally 6100/0 i11E'S C racial .red that if llawai`i is serious about eradicating the etknzc tli5,t, trine card the reasons',/or Mom, - sources of this injustice, an in-depth analysis of 4lphoriso Brag* the issue is required. "I do not believe that any police officer gets into his car and says, `Today Representatives from the Sentencing Project I'm going to go out and get someone of this commented to the Hawai`i Advisory Committee particular race or ethnicity.' But among the that Native Hawaiians are disproportionately police officers there are some who practice represented in Hawaii prisons. Simply reducing discriminatory behavior, and an examination of the prison population would serve to address one the police reports would support that assertion. part of the disparity problem. Other states have There needs to be a complete assessment of the acted to amend probation and parole policies as justice system in all aspects and over a period of well as to expand good time and earned time time to fully analyze these racial and ethnic programs that have resulted in reducing prison disparities and the reasons for there."22 sentences. The vast sums of money spent on prisons could be shifted to far more productive Andre Wooten wrote to the I-lawai`i Advisory and pro-social uses like restoring funds to public Committee that discrimination is subtle, and for education and strengthening the tattered social that reason it is difficult to establish with service safety net.25 irrefutable evidence that disparities exist in the criminal justice system. "Like every place, there s Andre S. Wooten,submitted testimony to the Hawai`i is a mixed bag and a dichotomy in the treatment Advisory Committee,Aug. 16,2010, of minorities by the criminal justice system in 24 ibid. the State of Hawaii. Not all situations are good, 25 See Sabot,William J.and Heather West and Matthew and not all situations are black and white. At the Cooper,Prisoners in 2008, Bureau of Justice Statistics, National Institute of Justice. zt Alphonso Braggs,Hawrai'i Justice Hearing. 22 Ibid. 5 Native Hawaiians in Hawaii substantially less at about $29,000. Additionally, while one-third of the general population is Despite the formal and legal definition, the term employed in managerial/professional positions, Native Hawaiian lacks precision due to the racial only 22 percent of all Native Hawaiians are and ethnic heterogeneity of Hawai`i. Only 56 employed in these types of positions. Sales and percent of the people in Hawaii indicate an service jobs account for half of the employment "unmixed" racial/ethnic background. The United for Native Hawaiians.29 States census, in its community survey of the Table 5 population, classified Native Hawaiians by percent of population in Hawaii with several categories to include: Native Hawaiian post-secondary degree and median income alone as well as several"mixed" categories."26 pct with post-sec median Census reports that the Native Hawaiian degree income in Hawai`i is between 6 percent and population p General population 18.8 3 8,703 20 percent, depending upon definition. The Census also reports that the Native Hawaiian Native Hawaiian Alone lira, 29,447 population is significantly younger than other or in Combination with racial and ethnic groups. While the median age other races of all residents in the state is about 34, the Source:U.S.Census,2005 Community Survey,Hawaii. median age for Native Hawaiians is 24.27 The poverty rate for Native Hawaiians is higher Table 4 than that of the general population. Fifteen Native Hawaiian population of Hawai`i percent of Native Hawaiians live in poverty, percent of median compared to 9.8 percent of the general population age population overall. Among persons under 18 Non-Native Hawaiians 80.1 34.5 years of age, about 13 percent live in poverty while 20 percent of all Native Hawaiian children Native Hawaiian Alone or 19.9 24,6 live in poverty. in Combination with ether races These proportions tend to correlate with single Source:U.S.Census,2005 Community Survey, Hawaii. parent households. In Hawai`i, 28 percent of all Educational levels are similar between Native households with children are single-parent Hawaiians and other persons in the state through homes. For Native Hawaiian households, it is 38 high school, however post-secondary education percent.30 levels differ. Ten percent of all Native Hawaiians have less than a high school Table 6 Poverty rates in Hawaii education, similar to 12 percent of the general — ------__._ Children adult population. However, 20 percent of the under the state's adult population has at least a bachelor's All persons age of 18 degree, while only 10 percent of Native General population 9.8 13 Ilawaiians possess a post-secondary degree.28 Native Hawaiian Alone or 15 20 The difference in education is related to income. in Combination with The median annual income for all adult persons other races Source:U.S.Census,2005 Community Survey,Hawa in Hawai`i is $39,000; for Native Hawaiians it is ii 26 For purposes of this part,unless otherwise stated the term 29 U.S.Census,2005 Community Survey, Hawai`i. Native Hawaiian as used is the census designation,"Native 30 See Table 6. Hawaiian atone or in combination with other races." See Table 4. 28 See Table 5. 6 Native Hawaiians testify to disparities in Rael)een Keahiolalo-Karasuda told the Hawai`i the administration of justice Advisory Committee, "I listened to a Native Hawaiian tell his story about being incarcerated Native Hawaiians testified before the Ilawai`i for five years in a maximum security facility on Advisory Committee on the issue of disparities O'ahu. He said that every night during the head against Native Hawaiians in the administration count it would take the guards over fifteen of justice. Representative Faye Pua Hanohano, minutes to call Hawaiian last names beginning from Puna, District 4, asserted unequivocally with the letter `K'. The fact that it took more that inequalities existed in the justice system. than 15 minutes to call just one letter RaeDcen Keahiolalo-Karasuda, who wrote her representing Hawaiian last names offers a dissertation on the politics of incarceration in disturbing visual image on Native Hawaiians and the administration of justice."3`z Hawaii, also testified to the existence of J disparities in the justice system. Keahiolalo-Karasuda told the Hawai`i Advisory Representative Hanohano told the Hawai`i Committee that traditional explanations for Advisory Committee: "I am a retired corrections criminal behavior, such as poverty, education, officer with 25 years of service at the Milani and other indicators of social distress, are Correctional Facility. I know there is a disparity inadequate when examining the issue as it against Native Hawaiians. I witnessed this for pertains to Native Hawaiians. To understand the over 25 years at Kulani. I observed the high rate disparities in justice and Native Hawaiians, the of Native Hawaiians in the general prison problem needs to be analyzed through an population. It is important to realize that when a historical and political lens. person is incarcerated, it is the person's family who is incarcerated as well.s31 "Individual risk factors and pathways to crime do not and cannot fully explain the high rates of "Many _young Native Hawaii 6117 today live incarceration among Native Hawaiians. Many in broken homes. They do um" have the guidance historical examples exist that. demonstrate the of Kupuna and l2ctkun teachings in their early ways that the legal system, media, and policies years.as I did as a<hird. and practices have worked to criminalize Native Faye I'tt�' Hanohano Hawaiians and their identities. These include but are not limited to: the launch of 19th century Hanohano said that it is imperative when dealing opium narratives in the American press; with criminal behavior that an entire conceptual legislative initiatives against Chief Karnanawa s approach of well-being be adopted. "Phis is grandchildren to dethrone them and overthrow particularly true when providing social services their nation; 20 century narratives in the media to Native Hawaiians, given their culture and and legislation portraying Native Hawaiians as traditions. angry and violent when the Hawaiian Renaissance emerged in the 1970s; media Hanohano told the Committee: "Many young depictions of Hawaiians in the war on drugs as Native Hawaiians today live in broken homes. dangerous and criminal drug addicts in the They do not have the guidance of Kupuna and 1980s and 1990s; and, finally, the current 3z situation in which Native Hawaiians are Makua32 teachings in their early years, as I did as a child. If we would begin to focus on an disproportionately shipped to private prisons on interconnectedness of well-being through a the U.S. continent, for their rehabilitation and Native Hawaiian perspective instead of being the public's safety, according to the state."35 punitive, we could help many of these offenders change their lives."33 34 RaeDcen Keahiolalo-Karasuda,Hawaii Justice Hearing. 31 Fayc Pua Hanohano,Hawaii Justice Hearing. 's Ibid. '2 Grandparent and parent. '' Faye Pua Hanohano,Hawaii Justice Hearing. 7 Criminologists testify that Native Kat Brady, coordinator of Community Alliance Hawaiians are adversely affected on Prisons, agreed with Chesney-Lind. She held by the justice system that the state's over-reliance on prisons has not only harmed the Native Hawaiian population but Meda Chesney-Lind, professor of criminology at the general public as well. Brady told the the University of Hawai`i at Manoa, told the Hawai`i Advisory Committee: "If Hawai`i was Hawai`i Advisory Committee that there is a an independent country, it would be the fifth disparity against Native Hawaiians in the largest jailer in the world. Ilawai`i imprisons administration of justice. Also, in recent decades 334 out of every 100,000 persons in the state; Hawai`i has dramatically increased its use of that rate of incarceration is just behind South 39 incarceration, and this has had a particularly Africa and just ahead of Taiwan. Of those devastating effect on Native Hawaiians. incarcerated in Hawai`i, 39 percent are Native Hawaiians and 12 percent are Filipinos. Those Chesney-Lind said: "In Hawai`i, it has long been two groups account for more than half of all the recognized that Native Hawaiians are over- persons incarcerated by Hawaii."40 represented in the prisons. Disproportionate representation is also evident in the state's //Ha was an independent country, it juvenile justice system. Youth housed at would bra the lair,pest jailer in the world. '' Hawai`'i's only juvenile detention center shows Kat f3radv' 58 percent of boys and 49 percent of girls are Hawaiian."36 Brady also stressed that the state's justice system in the state is unusually harsh on women. That According to Chesney-Lind, the growth in reality also plays a role in adversely affecting Hawai`'s prison population in the last three the Native Hawaiian community. "Female rates decades is an acute problem for the state, of incarceration in Hawai`i are twice the national "Hawai`i now incarcerates over 6,000 inmates. average. Under the federal Adoption and Safe That is up from 5,053 in 2000; a 20 percent Families Act, children in foster care for 15-22 increase since the turn of the century. Moreover, months must be permanently placed. In Hawai`i, about one-third of those inmates are being held the average prison sentence for women is 26 on the mainland at for-profit prisons where months. Almost half of these women are Native regular visitation with loved ones is virtually Hawaiians. More than 70 percent of these impossible and other forms of communication women are mothers of young children."41 costly." 37 Brady further testified that the state's prison Chesney-Lind told the Hawai`i Advisory policy is simply not cost effective. "In 2008, the Committee that spending on state prisons is not two largest indices of crime were larceny and only exorbitant, but comes at a high social cost. burglary. These crimes are about drug addiction. "In Ilawai`i, since the turn of the century, the We have a public health problem, and we are corrections budget in Hawai`i has increased by trying to solve it as a criminal problem. It costs 87 percent. During that same time, tax dollars $50,000 a year to incarcerate someone in spent to send prisoners to private prisons on the Hawai`i. It costs about $19,000 to provide drug mainland increased by 192 percent. Every tax treatment."47 dollar spent on prisons takes money away from other important government services, such as 39 Citing: "2009 World Incarceration Rates," public education and needed social safety net International Center for Prison Studies,King's services. The general public is losing because of College,University of London. this trade-off."38 40 Kat Brady,Hawaii Justice Hearing. 41 Ibid. ^' Ibid. sa Meda Chesney-Lind,Hawai`i Justice Hearing. " Ibid. 3K Ibid. S Office of Hawaiian Affairs 2010 study The 01-IA report further found that once found finds disparate treatment of Native guilty by the courts, Native Hawaiians are more Hawaiians in administration of justice likely to be sentenced than other groups of persons except Native Americans. In 2010, the Office of IIawaiian Affairs (OHA) An analysis of data...controlling for released its study that examined the impact of age, gender, and type of charge, found the criminal justice system on Native that for any given determination of Hawaiians.43 The report was the result of a guilt, Native Hawaiians are much collaborative research project supported by the more likely to get a prison sentence State of Hawaii for the purpose of effecting than almost all other groups, except for policy change at the legislative and Native Americans.47 administrative levels and serving as a tool for Table 7 communities to advocate for change within the Likelihood of sentencing to prison for criminal justice system. selected racial and ethnic groups Percent As summarized in the report's Executive Native Hawaiians 100 Summary, for the last two centuries the criminal African Americans 97 justice system has negatively impacted Native Native Americans 41 Hawaiians. As Clyde Nramu'o wrote in the White 67 preface to the report: "It is clear that when Filipino 63 Native Hawaiian persons enter the criminal Japanese 50 justice system, they serve more time in prison L_ Chinese 47 and more time on probation than other racial or Source:Office of Hawaiian Affairs ethnic groups. Native Hawaiians are also more likely to have their parole revoked and be The OHA report also found that Native returned to prison compared to other racial or Hawaiians receive longer prison sentences and ethnic groups. Coupled with the experiences of longer probation terms than other racial and pa'aliao" included in the pages of this report, it ethnic groups. Native Hawaiians also comprise is clear that Native Hawaiians are caught in a the largest group of persons incarcerated in out- cycle of imprisonment that is perpetuated across of-state correctional facilities. generations."45 Controlling for severity of charge, age at arrest and gender of the person The OHA report found a disparate impact by the charged, Native Hawaiians are criminal justice system on Native Ha-waiians. sentenced to...more days in prison.... Native Hawaiians make up 24 percent Native Hawaiians also serve more time of the general population of Hawai`i, on probation than other racial and but [Hawaiians are] 36 percent of ethnic groups, except for Hispanics.... those admitted to prison, ...39 percent Of the people in out-of-state of the incarcerated population,... 39 [correctional] facilities, 41 percent are percent of those on parole, and 41 Native Hawaiians.4 8 percent of parole revocations:4° Of noteworthy interest, the OHA report points out that it is a relatively recent phenomenon 43 Office of Hawaiian Affairs, The Disparate Treatment of Native Hawaiians in the Criminal Justice System,2010,at for Native Hawaiians to be disproportionately http://www.oha.org/index.php?option--corn content&task represented in the criminal justice system. category&sectionid -48cid-149&ltemid :358(hereafter Through the mid-1900s, Native Ilawaiians Native Hawaiians in the Criminal Justice System). 44 An individual who is incarcerated. 46 Clyde Namu`o, Foreword, Native Hawaiians in the 47 Ibid. Criminal Justice System. 48 Ibid. 46 Native Hawaiians in the Criminal Justice System, Executive Summary. 9 were disproportionately underrepresented in family, and their community. As a result, the the criminal justice system. It was other actual act of imprisoning Native Hawaiians immigrant groups imported to labor on cuts them off from these life purposes. As a plantations in Hawai`i, such as the Chinese and result, incarceration by itself acts to contribute Japanese, who were generally viewed as a to a growing prison population and the threat and feared by white colonists.49 disproportionate impact of the criminal justice.53 Additionally, the OHA report noted The OHA report set out factors that contribute that "imprisoning people from Ilawai`i on the to the disparate treatment of Native Hawaiians continent seems to be most damaging to Native in the administration of justice, to include: Hawaiians.54 • the discretionary nature of sentencing; • the particular trauma of incarceration The report also noted that employment and for Native Hawaiians; and educational differences between Native • the lack of effective and appropriate Hawaiians and other racial and ethnic groups rehabilitative services.5° may play a role in the disproportionate impact of the criminal justice system on Native The discretionary nature of sentencing seems Hawaiians. "Native Hawaiian families have of particular concern for Native Hawaiians. the lowest mean income of all ethnic groups in The real determination of a sentence appears the state [and] the highest percentage of people not to be set by a judge, but by the Hawai`i living below the poverty line in 2000. Native Paroling Authority (HPA).51 The OHA report Hawaiians are less likely than all other people concludes that "many persons who have had in Hawai`i to be employed in management or contact with the Paroling Authority see the professional positions, which tend to be higher system as arbitrary."52 paid."55 With respect to education, "[a]lthough Native Hawaiians in Hawaii had completed Figure 1 high school at similar rates to all other people Proportion of persons returned to prison for in Hawai`i in 2008, Native Hawaiians are less probation violations likely to have earned a Bachelor's degree."i6 1% 13% In his testimony before the Committee, Johnson also commented on the OHA study. He said that $li 'nitt9ft his understanding that the study by OHA it was b y y � �1 was not intended as an exhaustive and definitive examination of the subject. Rather, when it was funded by the Legislature, it was intended to be an initial study of the issue. Based upon any Chinese tw Filipino initial findings, there could be further funding Japanese White from the Legislature for more study.57 Native Hawaiian Other s3 Ibid. Source:Office of Hawaiian Affairs 54 Ibid.,p.56. 55 Ibid.,p.66. According to the OHA report, incarceration is 56 Ibid.,p.65. 51 Tommy Johnson,Hawaii Justice Hearing. In follow-up a particularly traumatic experience for Native comments Johnson stated: It should be noted that the Hawaiians. Culturally, Native Hawaiians have OHA study is based on'self-reporting'of ethnicity by the uniquely strong connections to the land, offenders and that no definitive lineate or true blood line review and/or verification was conducted for any of the offenders. Without such an in-depth review and verification 49 Ibid.,pp.23-4. the stated results of the report are not supported." s° Ibid.,p.59. Ibid.,p. 54. 52 Ibid., Executive Summary. 10 New legislation calls for further study of Hawaiian Affairs; (4) The administrator of the the disparity of Native Hawaiians in adult client services branch of the first circuit Hawaii's criminal justice system court; (5) A circuit court judge to be selected by the chief justice of the Hawai`i supreme court; The Ilawai`i Legislature recently passed a bill (6)a criminologist selected by the governor; designed to formulate policies and procedures to (7) a representative from the department of the eliminate the disproportionate representation of prosecuting attorney of the city and county of Native Hawaiians in Hawai`i's criminal justice Ionolulu; (8) a representative from the office of system.ss Under the legislation, the Office of the public defender; and (9) 6member of the Hawaiian Affairs will contract for another study public selected by the governor.62 to further examine "the disparate representation and treatment of Native Hawaiians in Hawaii The legislation noted that a "first step toward criminal justice system."59 reducing the disproportionate representation of Native Hawaiians in the criminal justice system In the legislation, it was noted that pursuant to and collateral consequences would be to identify House Concurrent Resolution No. 27 (2008),the strategies for reducing unnecessary contact with Office of Iawaiian affairs commissioned the the criminal justice system." The purpose of the study previously mentioned on the treatment of act therefore is "to address the findings and Native Hawaiians in the criminal justice recommendations of the [(Mike of Hawaiian system. The legislature noted that the study: Affairs' study by creating a task force to include groundbreaking current research and formulate policies and procedures to eliminate analysis, using quantitative and qualitative the disproportionate impact of the criminal methods, and includes the voices of Native justice system on all individuals, with particular Hawaiians about the criminal justice system focus on Native Hawaiians."63 and the effect it has on their lives. The legislation received the general support of The study shows that the disproportionate law enforcement agencies, and the Department representation of Native llawaiians in the of the Prosecuting Attorney of the City and criminal justice system accumulates at each County of Honolulu submitted testimony in stage...[and] that Native Hawaiians are sentenced to more days in prison and receive a support of the legislation. The department longer term of probation than most other agreed with the House Judiciary Committee racial or ethnic groups.60 report that showed a disproportionate amount of Native Hawaiians are in contact with the Under the legislation a task force is to be criminal justice system. The department also established "to formulate policies and noted that aside from a disproportionate procedures to eliminate the disproportionate representation of Native Hawaiians in prison, representation of Native Hawaiians in IIawai`i statistics kept by the department suggest that criminal justice system by looking for new Native Hawaiians are also the second (or first) strategies to reduce or avoid unnecessary most prevalent ethnicity among crime victims." involvement of these individuals with the criminal justice system."61 The task force is to consist of nine members: (1) The attorney general; (2) The director of public safety; (3) The chief executive officer of the Office of 62 Id. n3 Id. 64 Department of the Prosecuting Attorney of the City and County of Honolulu,Testimony RE: S.S.986,S.D.2,HD. 2;Related to Criminal Justice System,26th Legis.2001 58 S.B.986 26`"Legis.,201 I Regs. Sess.(Haw.201 1) Reg.Sess. Apr.4,2011. [hereafter S.B. 986]. 5Y Id. § 1. G0 Id. I 1 6i/d, §2. COMMITTEE OBSERVATIONS The Hawai`i Advisory Committee received information and testimony from numerous sources— including officials of the state's criminal justice system, that show Native Iawaiians are disparately impacted by the state's criminal justice system. Though they are approximately 20 percent of Hawai`i's population, Native Hawaiians comprise more than 40 percent of the state's prison population. This is a significant disparity. To the IIawai`i Advisory Committee, after assessing information and testimony received from law enforcement personnel, elected officials, criminologists, and members of the community, the reasons for the disparity appear complex and without clear explanation. More discouraging, the Hawai`i Advisory Committee learned that this disparity is a recent phenomenon, as through the mid-1900s Native Hawaiians were under-represented in the state's criminal justice system. In addition, the Hawai`i Advisory Committee received information about the stress placed upon the state's budget from excessive incarceration. Ilawai`i now incarcerates over 6,000 inmates, and since the turn of the century the corrections budget in the state has almost doubled. The perpetuation of this situation is therefore problematic not only from a civil rights perspective, but from an economic resource concern as well. As noted in this report, the State of Hawai`i commissioned a preliminary study of this issue. Further and more in-depth study of the issue has now been authorized by the state. The Hawaii Advisory Committee commends the State of Hawaii for taking this initiative. This is an important civil rights issue that requires not only attention,but resolution. The Hawai'i Advisory Committee acknowledges the testimony and information it received about disparities in the criminal justice system about African Americans and other minorities. In adhering to its statutory mandate to study information relating to discrimination or a denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, the Hawai`i Advisory Committee also intends to give the issue of the administration of justice its continued attention. It will monitor forthcoming explanations from state sanctioned studies as well the conclusions from other independent studies in light of what it has learned in order to fulfill its obligation to offer a bipartisan perspective on this important civil rights issue.65 '5 One member dissented from the majority, contending that testimony from public officials with personal knowledge based on their actual experience in administering the criminal justice system in Hawai`i testified that they do not believe the presented data on race and ethnicity is reliable. For example,see testimony of Tommy Johnson,deputy director, Hawai`i Department of Public Safety(see, page 2 and page 10, footnote 56)that the data is self reported and needs to he more accurately gleaned. The second dissenting member approved the language in the body of the report,but dissented believing the title of the report should include the words"self identified" before Native Hawaiian. At the meeting of the Hawai`i' Advisory Committee's on May 24, 2011, to discuss the report, Martha'Forney, from the Hawai'i Department of Public Safety, told the Committee that self-identification is the accepted practice used throughout the country to track and report criminal statistics. 12 Hawaii Advisory Committee To the United States Commission on Civil Rights 4%i U.S. Commission Contact USCCR Contact Peter Minarik,Ph.D. Designated Federal Official for the Hawai`i Advisory Committee U.S. Commission on Civil Rights pminarik(@usecr.gov This report was researched and written by Peter Minarik, Regional Director,Western Region,U.S. Commission on Civil Rights in consultation with the members of the Hawai`i Advisory Committee sub-Committee on Justice. This report can be obtained in print form or on disk in Word format from the Western Regional Office, U.S. Commission on Civil Rights, by contacting the named Commission contact person. It is also posted on the web-site of the Commission at www.usccr.gov. This is the work of the{{awai`i State Advisory committee to the U. S. Commission on Civil Rights.The views expressed in this report and findings and recommendations contained herein are those of a majority of the State Advisory Committee members and do not necessarily represent the views of the Commission or its individual members, nor do they represent the policies of the United States Government.