Hawaii House Bill HB1376

Hawaii 2026 Regular Session

• Introduced: 1/23/25
• Refer: 1/27/25
• Report Pass: 2/6/25
• Refer: 2/6/25
• Report Pass: 2/14/25
• Refer: 2/14/25

Caption

RELATING TO CORRECTIONAL FACILITIES.

Summary

HB1376 amends Hawaii law governing the transfer of committed felons to correctional institutions outside the state. Under current law, the director of corrections may transfer inmates to out-of-state facilities when needed for institutional security, management, prison overcrowding, or the inmate’s interest, so long as the receiving facility meets health, safety, sanitation, and programming standards. The bill keeps that authority but adds a new policy direction: beginning July 1, 2028, the department must reduce the number of committed felons housed in private, out-of-state correctional institutions by 25 percent, and beginning July 1, 2030, by 50 percent. The bill defines “private, out-of-state correctional institution” broadly to include facilities outside Hawaii operated for profit or under a public-private partnership. It also requires the Department of Corrections and Rehabilitation to report to the Legislature each year from 2026 through 2031 on its actions and progress toward the reduction targets. The measure is framed as a correctional-facility policy bill focused on reducing reliance on private prison placements outside Hawaii rather than eliminating out-of-state transfers altogether.

Impact

HB1376 would amend section 353-16.2, Hawaii Revised Statutes, by imposing phased reduction targets on the use of private, out-of-state prisons for committed felons and by adding annual reporting obligations to the Department of Corrections and Rehabilitation. It would not prohibit out-of-state transfers generally, but it would constrain the department’s placement options and likely require changes in inmate classification, bed management, and contracting practices. The bill would affect the department, incarcerated individuals placed in private or public-private out-of-state facilities, and any vendors or partner jurisdictions that house Hawaii prisoners.

Sentiment

The available vote history suggests mixed but generally cautious support. The bill was reported out of committee and referred onward, but the vote included several members voting no and two members voting aye with reservations, indicating concern about the policy even among some supporters. No committee transcript is provided, so the record does not show detailed debate, but the reservations and negative votes suggest the measure was viewed as significant and potentially difficult to implement.

Contention

The main point of contention appears to be the mandate to reduce placements in private, out-of-state correctional institutions on a fixed timeline. Supporters likely view the bill as a way to reduce dependence on private prison operators and bring more inmates back under Hawaii’s control, while opponents may worry about operational flexibility, overcrowding, costs, and the department’s ability to safely absorb inmates in-state. The inclusion of public-private partnerships in the definition of private facilities may also be contentious because it broadens the scope of the reduction requirement beyond purely for-profit prisons.