>>OUR CRIMINAL JUSTICE SYSTEM
IS A UNIQUE BALANCE OF MOVING
PARTS.
THE FORCES TASKED WITH
PROTECTING THE COMMUNITY AT
LARGE AS WELL AS THE RIGHTS OF
ACCUSED.
CONSTITUTIONAL RIGHTS, THE
PUBLIC'S RIGHT TO PROSECUTE.
THE ACCUSED RIGHT TO
COMPETENT DEFENSE AND THE
OPPORTUNITY TO PROVE REMORSE
AND REHABILITATION.
ALL FOUR VOICES WILL BE HEARD
WHEN THEY COME TOGETHER FOR A
SPECIAL INSIGHTS
CONVERSATION, DOES THE SYSTEM
WORK? THIS LIVE BROADCAST
AND LIVESTREAM OF INSIGHTS ON
PBS HAWAIʻI START NOW.
[INTRO MUSIC]
ALOHA AND WELCOME TO INSIGHTS
ON PBS HAWAIʻI.
I'M LARA YAMADA.
ONGOING REPORTS OF AGING,
PRISON FACILITIES AND SEVERE
OVERCROWDING, CRIME, DRIVEN
BY WIDESPREAD DRUG USE,
REPEAT OFFENDERS WHO CONTINUE
TO BREAK THE LAW WITH DOZENS
OF PRIOR CONVICTIONS. ALL OF
THESE REALITIES THREATEN
PUBLIC SAFETY.
AND THERE ARE SERIOUS
CONCERNS ABOUT WHETHER WE'RE
TOO OVERWHELMED TO PROVIDE
EFFECTIVE RECOVERY AND
REHABILITATION FOR THE
OFFENDERS WHO WANT TO CHANGE
THEIR LIVES.
SO DOES OUR LOCAL CRIMINAL
JUSTICE SYSTEM WORK?
TONIGHT'S GUESTS,
INDIVIDUALS WHO WORK WITHIN
THE VAST AND COMPLICATED
SYSTEM ON A DAILY BASIS,
CIRCUIT COURT JUDGE, A
PROSECUTING ATTORNEY, PUBLIC
DEFENDER AND ADVOCATE FOR
UPHOLDING CIVIL RIGHTS OF
INDIVIDUALS.
WE LOOK FORWARD TO YOUR
PARTICIPATION IN TONIGHT'S
SHOW. YOU CAN EMAIL, CALL OR
TWEET YOUR QUESTIONS. AND
YOU'LL FIND A LIVE STREAM OF
THIS PROGRAM AT PBSHAWAII.ORG
AND THE PBS HAWAII FACEBOOK
PAGE.
NOW TO OUR GUESTS....
ROM TRADER IS A FORMER
PROSECUTOR AND NOW A JUDGE OF
THE FIRST CIRCUIT COURT.
JOHN "JACK" TONAKI IS THE
STATE PUBLIC DEFENDER - HE'S
BEEN WITH THE OFFICE SINCE
1985.
CHASID SAPOLU IS FIRST DEPUTY
PROSECUTING ATTORNEY FOR THE
CITY AND COUNTY OF HONOLULU.
MATEO CABALLERO IS THE LEGAL
DIRECTOR OF THE AMERICAN
CIVIL LIBERTIES UNION OF
HAWAII.
THANK YOU SO MUCH ALL OF YOU
FOR JOINING US.
VAST EXPERIENCE HERE AT
TABLE, WE APPRECIATE YOU
BEING HERE.
LET ME JUST KIND OF THROW OUT
A VERY BROAD QUESTION THAT MAY
TAKE UP HALF THE SHOW FOR YOU
TO ANSWER, TO SET THE STAGE A
LITTLE BIT.
WE'RE TALKING ABOUT 30,000
PEOPLE HERE IN HAWAI'I BEHIND
BARS OR UNDER THE CRIMINAL
JUSTICE SUPERVISION IN
HAWAI'I, OUTSIDE OF HAWAI'I
AS WELL.
ALL OF YOU, YOU ALL PLAY
DIFFERENT ROLES IN THE
CRIMINAL JUSTICE SYSTEM.
YOU WORK WITH THE GOOD, WORK
WITH THE BAD, SEE BOTH SIDES
OF IT.
AND THE REALITIES OF HOW THE
SYSTEM WORKS ON A DAILY BASIS.
LET ME JUST THROW THIS OUT
THERE FIRST.
IN YOUR OVERALL OPINION, DO
YOU FEEL LIKE THE SYSTEM WORKS
RIGHT NOW? WHOEVER WANTS TO
JUMP IN FIRST.
I KNOW IT'S A BROAD QUESTION
WE'RE STARTING WITH.
>> I'LL GO FIRST.
I DO THINK THAT THE SYSTEM
WORKS.
JUST LIKE ANY INSTITUTION,
THERE'S ALWAYS ROOM FOR
IMPROVEMENT.
THERE IS AREAS IN OUR SYSTEM
THAT WE CAN ALWAYS WORK ON TO
IMPROVE.
I THINK SOME OF THE ISSUES WE
WERE PLANNING ON TALKING
ABOUT, REVOLVE AROUND THESE
ISSUES, BILL REFORM, PRISON
OVERCROWDING, THERE ARE AREAS
THAT WE CAN WORK ON TO IMPROVE
THE SYSTEM TO MAKE IT WORK
BETTER.
OVERALL, I THINK THE SYSTEM
DOES WORK.
>> I WOULD AGREE WITH CHASID.
WE DO COLLABORATE ON A LOT OF
DIFFERENT PROJECTS TO MAKE
THE SYSTEM WORK BETTER.
EXAMPLES OF THESE ARE WHAT
THEY CALL SPECIALTY COURTS,
DRUG COURT, PROJECT, VETERANS
TREATMENT COURT, MENTAL
HEALTH COURT, AND MOST
RECENTLY, OUR COMMUNITY COURT
PROJECT WHICH IS A GREAT
SUCCESS.
SO AND THAT WAS SPECIFICALLY
DESIGNED TO ASSIST IN OUR
HOMELESS SITUATION.
SO YOU KNOW, THERE ARE
PROBLEMS, OF COURSE, AS
CHASID SAID, BUT OVERALL, I
THINK OUR SYSTEM ESPECIALLY
LOCALLY HERE, IN OUR STATE, IS
VERY GOOD ONE AS COMPARED TO
SOME OTHER PLACES.
AND I THINK IT DOES WORK AS A
WHOLE.
>> I WOULD TEND TO AGREE.
IT'S A COLLABORATIVE SORT OF
PROCESS.
AND I WOULD ECHO WHAT CHASID
AS WELL AS JACK HAD SAID, THAT
WHILE IT ISN'T NECESSARILY
PERFECT, AND THERE IS ROOM FOR
IMPROVEMENT IN MANY OF THESE
AREAS, REALLY, IT WORKS
PRETTY WELL.
BUT WHAT IT RELIES ON THOUGH
IS IT NEEDS EVERYONE THAT'S A
PARTICIPANT IN THAT PROCESS,
WHETHER THEY BE POLICE,
PROSECUTORS, PROBATION
OFFICERS, PUBLIC DEFENDERS,
JUDGES, YOU KNOW, IT
REQUIRES CONSTANT ATTENTION.
WHEN THOSE PEOPLE ALL ATTEND
TO THEIR RESPONSIBILITIES,
AND DO IN A CONSCIENTIOUS WAY,
THEN THE SYSTEM WORKS VERY
WELL.
WHERE THERE ARE SORT OF
FAILURES ALONG THAT WAY,
ALONG THAT PATH, THEN
PROBLEMS MAY ARISE AND FROM
DIFFERING POINTS OF VIEW
INJUSTICE CAN OCCUR.
IT'S THE PROCESS THAT
PROTECTS US.
AS LONG AS WE'RE MINDFUL OF
THAT, OVERALL,
I THINK THE PROCESS SERVES
MOST PEOPLE PRETTY WELL.
>> I'M FROM THE ACLU OF
HAWAI'I, AMERICAN CIVIL
LIBERTY UNION.
NONPROFIT, NONGOVERNMENTAL,
DEFENDED CIVIL RIGHTS AND
LIBERTIES OF EVERYONE.
WE COME TO THIS ISSUE FROM A
CIVIL RIGHTS PERSPECTIVE.
CONSTITUTIONAL PERSPECTIVE.
IN THAT RESPECT, I DO THINK
THERE ARE TWO WAYS PERHAPS THE
SYSTEM COULD IMPROVE IS NOT
WORKING RIGHT.
SOME PRACTICES I THINK ARE NOT
WORKING BECAUSE THEY ARE
VIOLATING PEOPLE'S
CONSTITUTIONAL RIGHTS
PERHAPS ON SEMI REGULAR
BASIS.
ALSO, SOME CRIMINAL LAW AND
POLICIES ARE REALLY NOT
MAKING US SAFER AND BY THAT,
I MEAN REALLY NOT PREVENTING
CRIME FROM HAPPENING IN THE
FIRST PLACE.
GOOD NEWS IS THAT I THINK WE
ARE AT A CROSSROADS AND WE
HAVE MADE SOME HEAD WAY IN THE
PAST FEW YEARS.
NOT JUST HERE IN HAWAI'I, BUT
NATIONWIDE.
WE HAVE A GOOD OPPORTUNITY TO
MAKE CHANGES THAT WILL MAKE
THE SYSTEM MORE
CONSTITUTIONAL, MORE HUMANE
AND EFFECTIVE.
>>Lara: I THINK NO DOUBT,
TODAY, PART OF THE PROBLEM IS
ISSUES THAT HAVE ARISEN
EITHER EXTERNALLY OR
INTERNALLY, AS BUILDING FOR
QUITE SOME TIME NOW.
THEN TO DEAL WITH THOSE
PROBLEMS, IS VERY, VERY
EXPENSIVE AND OF COURSE, AS WE
TALKED ABOUT, VERY
COMPLICATED.
TURN ON THE NEWS, PICK AN
ISSUE WHAT PEOPLE WANT TO FUND
AND WHY THEY FEEL THAT SHOULD
BE FUNDED FIRST AND WHY THAT'S
THE MOST IMPORTANT PROBLEM.
I MEAN, IS THERE, WOULD YOU
PICK A PARTICULAR AREA THAT
YOU FEEL IN RECENT YEARS, HAS
MADE THE MOST PROGRESS,
STICKS OUT TO YOU? OR ON THE
FLIP SIDE, THAT YOU FEEL HAS
BECOME ONE OF THE BIGGEST
ISSUES RIGHT NOW WITHIN OUR
COMMUNITIES? WHEN IT COMES
TO PEOPLE LEADING TO
INCARCERATION?
>> WELL, THERE'S MULTIPLE
ISSUES THAT WE CAN FOCUS ON.
WHEN IT COMES TO RESOURCES,
OUR JUDICIARY IS, STRETCHED
THIN AS IT IS.
A LOT OF OUR CASES, WHAT
HAPPENS IN SOME OF OUR COURTS,
CASES ARE DISMISSED BECAUSE
OF CONGESTION.
ONE OF THE ISSUES WE WANTED TO
LOOK AT.
REAL PROBLEM.
CASES DISMISSED, NOT ENOUGH
COURTROOMS, NOT ENOUGH JUDGES
TO HEAR THE TRIALS.
REALLY FOR SOME OF OUR CASES
THAT ARE REALLY IMPORTANT,
LIKE DOMESTIC VIOLENCE, OUR
DOMESTIC VIOLENCE
MISDEMEANOR CALENDAR, THREE
COURTROOMS AN SOME WEEKS,
THEY HAVE 50 TRIAL CASES THAT
THEY HAVE TO HEAR.
IMPOSSIBLE FOR ALL OF THESE
CASES TO BE RESOLVED.
SO WHAT HAPPENS IS CASES ARE
DISMISSED.
CONTINUED, POSTPONED.
AND FRUSTRATES THE PROCESS
THE PROCESS IS IMPORTANT.
WHEN IT'S FRUSTRATED, OUR
VICTIMS WITNESSES BECOME
FRUSTRATED AS WELL.
UNDERSTANDABLY.
AFFECTS HOW THE SYSTEM WORKS.
CASES THAT ARE DISMISSED,
MEANS THAT THE OFFENDERS WALK
AWAY WITHOUT BEING
ACCOUNTABLE FOR THEIR
ACTIONS.
COURT CONGESTION IS ONE OF THE
ISSUES THAT NEED TO BE
ADDRESSED AND JUDICIARY
RESOURCES, THAT'S ONE OF THE
ISSUES THAT WE NEED TO LOOK
AT.
>> IF I COULD JUMP IN HERE,
WHILE COURT CALENDARS ARE
VERY HEAVY, I THINK WHAT
CHASID IS SAYING AS FAR AS
CONGESTION BEING A PROBLEM, I
THINK IT REALLY DEPENDS ON
WHAT CALENDARS YOU'RE LOOKING
AT.
I CAN TELL YOU ON THE CIRCUIT
COURT CRIMINAL CALENDAR,
COURT CONGESTION IS REALLY
NOT A BIG ISSUE.
WHAT I SAY, WHEN I SAY THAT IS
THAT JUDGES AS WELL AS
ATTORNEYS ARE REQUIRED BY LAW
TO DO THEIR UTMOST TO ENSURE
THAT'S DEFENDANT'S RIGHT TO
SPEEDY TRIAL IS AFFORDED TO
THEM.
YES, THERE ARE SELECT CASES
THAT WHERE VIOLATIONS OCCUR
AND CASES MAY GET DISMISSED,
BUT IT IS BY FAR AND AWAY THE
EXCEPTION ON THE CIRCUIT
COURT CRIMINAL CALENDAR.
NOW, SOME CALENDARS, FOR
EXAMPLE, DOMESTIC VIOLENCE
CALENDAR, OR MOST RECENTLY,
COUPLE MONTHS AGO, RELATIVELY
HIGH PROFILE DUI CASE THAT
SURFACED.
CASES ARE DISMISSED AND NOT ON
THE MERITS, THAT DOESN'T
SERVE REALLY I THINK THE
BROADER PURPOSE.
THE OFFENDER, YES, THEY'RE
NOT HELP HELD TO ACCOUNT.
BUT LOOK AT WHY THAT HAPPENS
ON PARTICULAR CALENDARS, I
THINK IT'S EASY TO MAKE A
BROAD STATEMENT.
BUT REALLY, YOU HAVE TO DRILL
DOWN AND SORT OF SEE WHAT'S
HAPPENING ON SPECIFIC
CALENDARS BECAUSE WHILE IT
MAY HAPPEN ON SOME, IT IS NOT,
THINK, MAJOR ISSUE ON OTHERS.
>> RIGHT.
BUT IT IS A QUESTION OF
RESOURCES THAT NEED TO BE
APPLIED IN CERTAIN COURTROOMS
AN CALENDARS.
DOMESTIC VIOLENCE IS ONE.
DUI COURTS IS THE OTHER.
>>Lara: I THINK I LOOKED AT
SOME FUNDING NUMBERS
RECENTLY.
FOR 2016-2017, IT WAS ABOUT
30, 31 MILLION OR SO THAT
ALLOCATED COMBINATION OF
STATE FUNDS AND ALSO FEDERAL
FUNDS.
WHERE ARE WE AT OVERALL AS FAR
AS THE TYPES OF RESOURCES THAT
YOU'RE SEEING IN RECENT
YEARS? IS IT GOING UP?
GOING DOWN? OR KIND OF
STABLE?
>> IT'S GOING DOWN.
WE NEED MORE, I CAN TELL YOU
THIS RIGHT NOW, WE NEED MORE
SUBSTANCE ABUSE TREATMENT
PROGRAMS.
MENTAL HEALTH.
>>Lara: WHY DO YOU THINK IT'S
GOING DOWN?
>> BECAUSE I DON'T THINK THAT,
WELL, WHATEVER FEDERAL
FUNDING CAME FROM, I DON'T
THINK THAT'S THE CURRENT
PRIORITY OF THE FEDERAL
GOVERNMENT.
>>Lara: YOU'VE SEEN THAT ON
THE FEDERAL AND STATE LEVEL?
>> AND THE STATE IS STRETCHED
ACCORDING TO WHAT THEY SAY,
VERY THIN.
THEY'RE HAVING TO CHOOSE
WHERE TO PUT THE MONEY.
WE'RE NOT GOING TO SOLVE A
LOT, SO MANY OF THE PEOPLE
THAT WE SERVE, COME INTO OUR
OFFICE AND THEY, WHATEVER
THEY'VE DONE, ARE DONE
BECAUSE OF ALCOHOLISM, DRUG
ABUSE, OFTENTIMES, MENTAL
HEALTH, NOT TO THE POINT WHERE
THEY'RE INSANE, WHERE THEY'RE
PLACED IN THE STATE HOSPITAL,
BUT YOU KNOW, THEY HAD THESE
PROBLEMS AND THERE'S NOWHERE
TO PUT THEM OF THE WE GO TO
COURT, TELL THE JUDGE, JUDGE,
MY CLIENT HAS A BAD PROBLEM
WITH ALCOHOL.
WELL, FIND A PROGRAM FOR HIM.
TAKES MONEY.
WE CAN'T FIND ANYWHERE FOR
HIM.
END UP JUST BEING PLACED ON
PROBATION, BACK IN THE
COMMUNITY.
WHOLE CYCLE STARTS AGAIN.
>>Lara: WE'LL TALK MORE ABOUT
THE WHOLE SEVERAL-YEAR
DISCUSSION EFFORTS TOWARDS
JUSTICE REINVESTMENT
INITIATIVE AND WHAT DID AND
DIDN'T WORK OR WHAT HAS OR
HASN'T WORKED SO FAR AND WHY
THAT'S A COMPLICATED
SITUATION.
FEW GRAPHICS THAT WE HAVE HERE
TO TALK ABOUT SOME OF THE
NUMBERS AND WHAT WE'RE
DEALING WITH HERE.
TAKE A LOOK AT THE FIRST
GRAPHIC.
HAS DO WITH THE PRISON
POPULATION, HEAD COUNT HERE.
I THINK WHAT, IN THIS
PARTICULAR GRAPHIC, WHAT
STANDS OUT TO ME IS THAT 25%.
THAT IS PRETRIAL FELONIES.
>> MEANING FOR PEOPLE WHO
DON'T PAY BILLS, THOSE ARE
PEOPLE CHARGED WITH A FELONY
AND WAITING FOR TRIAL.
I BELIEVE WITH OCCC, THAT
MIGHT REPRESENT ABOUT 500 OR
SO PEOPLE, CLOSE TO HALF OF
THE POPULATION THAT IS IN OCCC
RIGHT NOW.
THAT IS A HUGE SLICE OF PEOPLE
THAT ARE TAKING UP SPICE
WITHIN THE PRISON SYSTEM.
WHAT IS GOING ON THERE?
>> WELL, IF I MAY, ACTUALLY,
ACLU OF HAWAI'I RELEASED A
REPORT EARLIER THIS YEAR ON
BAILING HAWAI'I AND BAIL
PRACTICES.
FOCUSES PARTICULARLY ON
FELONY PRETRIAL THAT THEY
NEED.
AND WHAT WE FOUND IS THAT
UNFORTUNATELY, AS YOU SAID,
THESE ARE PEOPLE THAT HAVE
BEEN ACCUSED OF A CRIME BUT
HAVEN'T NECESSARILY BEEN
FOUND GUILTY OF THAT CRIME.
THE PURPOSE OF BAIL IS TO MAKE
SURE THAT THE PERSON SHOWS UP
IN COURT AND ALSO MAKE SURE
THAT THAT PERSON DOESN'T HURT
OR HARM ANYONE ELSE.
THAT'S REALLY THE PURPOSE OF
BAIL.
WHEN IT COMES TO CASH BAIL,
WHICH IS MONETARY AMOUNT THAT
YOU PAY TO GET OUT OF JAIL,
REALLY JUST SO THAT YOU SHOW
UP.
IF YOU COMMIT ANOTHER CRIME,
YOU STILL GET YOUR MONEY BACK.
WE FOUND WE ARE OVERRELYING ON
CASH BAIL AND BAIL AMOUNTS ARE
VERY HIGH.
A LOT OF FOLKS IN THAT 25%
REALLY CANNOT AFFORD THE
BAIL.
AND YOU KNOW, THAT PRACTICE
CAN BE UNCONSTITUTIONAL.
ONE OF THE WAYS IT CAN BE
UNCONSTITUTIONAL IF YOU'RE
JUST SETTING AN AMOUNT
WITHOUT LOOKING AT THE
INDIVIDUAL CIRCUMSTANCES OF
THAT PERSON AND WHETHER THAT
PERSON CAN AFFORD.
>>Lara: THAT'S TOUGH BECAUSE
THAT'S GOING TO BE AT LEAST
CERTAIN EXTENT, AN OPINION.
I MEAN, OBVIOUSLY, BASED ON
THE LAW.
AND THE GUIDELINES FOR JUDGES
AND PEOPLE IN THE COURTROOM.
BUT STILL, THERE IS SOME
INTERPRETATION THAT IT'S
GOING TO HAPPEN.
>> NO TERMS OF.
>>Lara: AS FAR AS WHERE THAT'S
GOING TO BE SET AND WHY.
WHEN YOU'RE LOOKING AT THE
INDIVIDUAL AND ASSESSING.
>> THAT'S WHY MANY STATES ARE
ACTUALLY MOVING AWAY FROM
CASH BAIL.
WITH THE IDEA THAT THERE CAN
BE OTHER CONDITIONS, RELIEF
THAT ARE MORE EFFECTIVE.
THINGS LIKE MONITORING, HOUSE
ARREST, OTHER OPTIONS THAT
ARE NOT CASH AND THAT HAVE
BEEN FOUND MORE EFFECTIVE IN
TERMS OF PROTECT THE
COMMUNITY.
IF YOU REALLY THINK ABOUT IT,
CAN YOU HAVE TWO PEOPLE, ONE
DANGEROUS BUT WEALTHY, ONE
NOT THAT DANGEROUS BUT POOR.
AND THE DANGEROUS, BOTH
ACCUSED OF THE SAME CRIME.
IF YOU SET THE BAIL AMOUNT AT
THE SAME AMOUNT, WHICH
HAPPENS A LOT OF THE TIME HERE
IN HAWAI'I, WEALTHY, RICH
PERSON CAN GET OUT.
THE POOR, NOT DANGEROUS
PERSON, MIGHT STAY IN JAIL.
>>Lara: THAT'S TOUGH BECAUSE
YOU'RE BASING IT ON THE CRIME.
>> YOU ARE.
THAT'S JUST ONE OF THE FACTORS
THAT OUR COURTS AND SYSTEM
LOOKS AT WHEN SETTING BAIL.
YOU BASE IT ON THE CRIME.
FACTS OF THAT OFFENSE.
ALSO, ON THE PERSON'S
HISTORY.
IF A PERSON CANNOT AFFORD
BAIL, THE OTHER QUESTION IS
WHY IS IT SET SO HIGH.
>>Lara: BASED ON PREVIOUS
CONVICTIONS.
>> BASED ON PREVIOUS
CONVICTIONS.
BASED ON PREVIOUS ARRESTS.
AND WHAT OUR COURTS ARE TRYING
TO DO IS DETERMINE, REALLY TRY
TO MAKE A PREDICTION ON HOW
DANGEROUS THIS PERSON IS IN
THE PUBLIC AND IF THIS PERSON
IS GOING TO REAPPEAR BASED ON
THE SNAPSHOT OF THEIR
HISTORY.
DIFFICULT DETERMINATION.
>> WHAT THEY'VE BEEN TRYING
WITH THE JUSTICE REINVESTMENT
INITIATIVE, THAT WAS ONE OF
THE ISSUES THAT IT WAS TRYING
TO ADDRESS, TO MOVE THAT
PROCESS ALONG A LITTLE
FASTER.
>> JUSTICE REINVESTMENT
INITIATIVE COUPLE YEARS BACK.
I THINK THE GOVERNOR AT THAT
TIME STARTED THIS MOVEMENT.
HAPPENING ACROSS THE COUNTRY.
ONE OF THE WAYS THEY WANTED TO
ADDRESS PRETRIAL DETAINEES
WAS TO HAVE A SYSTEM WHERE AN
ARRESTEE WOULD BE EVALUATE
AND THERE WOULD BE AN
ASSESSMENT.
THAT'S WHAT'S BEEN HAPPENING
FOR A FEW YEARS NOW.
INTAKE SERVICE CENTER,
EVALUATE A PERSON BASED ON
SEVERAL FACTORS.
ONE OF THE ISSUES WE SEE,
CITED IN THE DEPARTMENT OF
PUBLIC SAFETY'S REPORT, WAS,
NUMBER THEY GAVE WAS 40% OF
THOSE ARRESTEES WHO WERE
SCREENED WAS RECOMMENDED FOR
RELEASE.
TO A TREATMENT FACILITY.
40% RECOMMENDED FOR RELEASE
TO A TREATMENT FACILITY.
PROBLEM IS LIKE JACK HAD
MENTIONEDTHERE ARE NO
FACILITIES OR NO SPACE IN THE
FACILITIES THAT EXIST NOW.
>>Lara: MY UNDERSTANDING,
THAT WAS ONE OF THE BIGGEST
CRITICISMS WITH THE JUSTICE
REINVESTMENT INITIATIVE AT
THE TIME, IT CREATED THIS
MOVEMENT BUT IT DIDN'T FUND
WHAT NEEDED TO HAPPEN AFTER
THAT.
>> BUT IT STILL HAD A VERY
SIGNIFICANT IMPACT BECAUSE
MATEO JUST MENTIONED ABOUT
BAIL REFORM AND THE REPORT,
HOT TOPIC.
I CAN SAY THAT BECAUSE I
CURRENTLY CHAIR THE STATEWIDE
TASK FORCE THAT WAS CREATED BY
JOINT HOUSE RESOLUTION TO
STUDY PRETRIAL JUSTICE
PRACTICE.
EMPHASIS TAKING A LOOK AT HOW
THESE PRACTICES AFFECT THE
WAY INDIVIDUALS TREATED.
CEREMONY, EVERYONE WANTS TO
HAVE PEOPLE THAT ARE TREATED
FAIRLY.
AND THERE ARE EXAMPLES WHERE
PERHAPS THE SYSTEM ISN'T
WORKING AND I THINK IT NEEDS
WORK.
BUT WE ARE CURRENTLY IN
PROCESS OF LOOKING AT ALL OF
THESE THINGS AND JUSTICE
REINVESTMENT ISSUE, ONE OF
THE BIGGEST THINGS THAT CAME
OUT OF THAT WAS THE CREATION
OF A STATUTE THAT REQUIRED A
RISK ASSESSMENT TO BE RUN ON
ALL INDIVIDUALS WITHIN THREE
WORKING DAYS OF COMING INTO
THE CORRECTIONAL CENTER.
THEN ESSENTIALLY, BASED UPON
HOW THAT INDIVIDUAL IS SCORED
BASED UPON THIS VALIDATED
RISK ASSESSMENT TOOL,
RECOMMENDATIONS ARE MADE FOR
DETENTION OR RELEASE.
>>Lara: THAT'S BEEN ONE OF THE
BRIGHT SPOTS, IT HAS MADE A
DIFFERENCE THAT PEOPLE CAN
QUANTIFY.
>> THAT'S BEEN VERY, VERY
HELPFUL.
BUT IT'S LIKE EVERYTHING
ELSE.
WE NEED TO STAY SORT OF
VIGILANT AND CONTINUE TO WORK
ON THIS BECAUSE THE CONCERN IS
WITH THE NUMBER OF
INDIVIDUALS THAT ARE
CURRENTLY BEING HELD, OKAY,
IT COSTS MONEY TO
INDIVIDUALS.
NOT JUST IN TERMS OF WHAT IT
COSTS FOR THE HOUSING
INDIVIDUAL, BUT THEY'RE ALSO
SOCIETAL COSTS THAT ARE
ASSOCIATED WITH DETENTION
BEYOND THAT WHICH IS
NECESSARY BECAUSE PEOPLE CAN
LOSE THEIR JOBS.
HOUSING BENEFIT, THINGS OF
THAT NATURE THAT CAN HAVE A
HUGE IMPACT ON THEM GOING
FORWARD.
ONES THAT ARE DANGEROUS
SHOULD NOT BE RELEASED, THOSE
INDIVIDUALS SHOULD REMAIN IN,
BUT THOSE PEOPLE THAT CAN BE
SAFELY MANAGED IN THE
COMMUNITY AND THE RESEARCH
OUT THERE HAS BEEN
DEMONSTRATING THAT IT IS
POSSIBLE TO RELEASE MANY OF
THESE LOW RISK OFFENDERS AND
THEY WILL COME BACK TO COURT
AND RISK OF RIO FENCE IS
RELATIVELY LOW.
BUT IT'S A WORK IN PROGRESS.
THERE ARE MANY VERY
KNOWLEDGEABLE EXPERIENCED
PEOPLE THAT ARE TAKING A LOOK
AT THESE ISSUES AND WE HOPE TO
BE ABLE TO PRODUCE A REPORT AT
THE END OF THIS YEAR THAT WILL
BENEFIT LEGISLATURE AS THEY
BEGIN TO LOOK AT WAYS TO
TACKLE THESE THINGS.
>>Lara: A LOT OF PRESSURE FROM
THE COMMUNITY AND PUBLIC.
RISK LEVEL THAT THEY'RE
WILLING TO ACCEPT.
LET'S TAKE A COUPLE OF MORE
GRAPHICS HERE.
NEXT TWO ARE FAIRLY RELATED.
WE'RE TALKING ABOUT WHAT'S
HAPPENING WITH THE PRISON
POPULATION.
THIS ONE HERE IN PARTICULAR,
THIS IS THE GRAPH SHOWING THE
FELONIES AND PRISONERS THAT,
IS IT FEDERAL? ARIZONA.
THAT'S RIGHT.
AND SO DEFINITELY BEEN A BIG
POINT OF DISCUSSION FOR QUITE
SOME TIME NOW WHETHER OR NOT
WE SHOULD BE SENDING
PRISONERS TO THE MAINLAND,
WHAT EFFECT THAT HAS.
ALSO THE REALITY OF IF WE JUST
GO AHEAD AND TAKE A LOOK AT THE
NEXT GRAPHIC.
OVERCROWDING WE'RE DEALING
WITH HERE AND WHY SOME OF
THESE THINGS HAVE HAD TO
HAPPEN BECAUSE OF THAT.
GRAPHIC THERE.
PARTICULAR, TAKE A LOOK AT
SOME OF THE COMMUNITY
FACILITIES.
THOSE ARE SOME PRETTY BIG
NUMBERS.
AS FAR AS WHAT THESE
FACILITIES ARE DESIGNED TO
HOLD AND WHAT THEY'RE
ACTUALLY HOLDING.
AND I THINK I'M SURE ALL OF YOU
HAVE SEEN TYPE OF IMPACT THAT
HAS AND THE CHALLENGE IT'S
TRYING TO DEAL WITH THAT RIGHT
NOW.
>> I THINK, ALWAYS FELT IT'S
BEEN, TERRIBLE SITUATION.
WHERE WE HAVE TO SEND OUR
INMATES TO ARIZONA OUT OF
STATE.
>>Lara: SEPARATION FROM THE
COMMUNITY AND FAMILY.
>> SEPARATED FROM THEIR
FAMILY.
FROM WHATEVER SUPPORT SYSTEM
THEY HAVE.
NOT LIKE THE MAINLAND WHERE
FAMILIES CAN DRIVE TO
NEIGHBORING STATE OR COUNTY
TO SEE THEIR FAMILY MEMBER.
VERY FEW FAMILY MEMBERS HAVE
THE MEANS TO FLY TO ARIZONA
AND TO SEE THEIR LOVED ONES.
>> SO IT'S I GUESS IT'S A
NECESSITY BECAUSE OF THE
OVERCROWDING, BUT IT'S FAR
FROM IDEAL AND IT DOESN'T HELP
THAT EVERY REHABILITATION OF
ANY OF THESE PRISONERS.
>> PART OF THE DISCUSSION WHEN
WE'RE TALKING ABOUT WHAT WE
CAN DO TO IMPROVE OUR SYSTEM,
IS BILL REFORM IS ONE, BUT
ANOTHER ISSUE WE HAVE TO LOOK
AT IS THE NEED FOR NEWER OR
MAYBE MORE MODERN FACILITIES
TO HAVE MORE SPACE.
BECAUSE DETERIORATING
CONDITIONS, INFRASTRUCTURE
THAT ARE FALLING APART, THOSE
ENVIRONMENTS ARE NOT
CONDUCIVE TO REHABILITATION.
MIGHT BREED CULTURES OF
RESENTMENT AND PEOPLE, FOCUS
IS NOT ON REDEMPTION AND
REHABILITATION.
>>Lara: MAUI IN PARTICULAR.
>> THAT'S NOT GOING TO HELP
INMATES RE-ENTERING BACK INTO
OUR COMMUNITIES.
ALSO HAVE THE TOOLS SO
RECIDIVISM RATES CAN BE
REDUCED.
I THINK IMPORTANCE HERE, WE
HAVE TO LOOK AT MAYBE A NEWER
FACILITY, MORE MODERN, BETTER
DESIGNS THAT FOCUS ON THIS
REHABILITATION EFFORTS.
REDUCE THAT CULTURE.
>>Lara: AS FAR AS BUILDING NEW
PRISON OR CREATING ANOTHER
FACILITY OR FUNDING FOR THAT,
THAT SEEMS FAIRLY OBVIOUS
THAT THAT HAS NEEDED TO HAPPEN
FOR QUITE SOME TIME.
IS THIS JUST A MONEY ISSUE
THAT'S REALLY HOLDING THIS
UP? WHAT ELSE DO YOU THINK,
AT THIS POINT, WE'VE GOTTEN TO
THIS POINT, STILL HOLDING UP
THE PROCESS?
>> I THINK IT'S POLITICAL
WILL.
MAINLY BASED IN MONEY.
BUT ALSO, YOU HAVE THE WHAT
THEY CALL THE NIMBY, NOT IN MY
BACKYARD.
NOBODY WANTS A PRISON NEAR
WHERE THEY LIVE.
BUT YOU KNOW, SOONER OR LATER,
THE LONGER THE STATE WAITS,
THE MORE IT'S GOING TO COST.
IT'S JUST LIKE EVERYTHING
ELSE.
AND THERE HAS TO BE SOME
POLITICAL WILL TO GET THIS
DONE BECAUSE THE SITUATION
ISN'T GOING TO GET BETTER AND
IT'S GOING TO GET WORSE BY THE
YEAR.
>> THERE'S CURRENTLY ANOTHER
TASK FORCE THAT'S BEING
HEADED UP RIGHT NOW BY JUSTICE
WILSON OF THE SUPREME COURT,
AND THEIR FOCUS IS ON AMONG
OTHER THINGS, DESIGN AND
RECOMMENDATIONS REGARDING A
NEW DETENTION FACILITY HERE
ON OAHU.
BECAUSE WE ARE BEYOND THE
CAPACITY.
I MEAN, DEPARTMENT OF PUBLIC
SAFETY DOES THE VERY BEST THEY
CAN, BUT THERE IS A COST.
AND THE MONETARY COST IS ONE
THING.
BUT IF YOU'RE GOING TO HAVE
ANY SYSTEM THAT IS GOING TO
INCARCERATE INDIVIDUALS, WE
HAVE TO HAVE A SAFE AND HUMANE
PLACE TO HOUSE THEM AND TREAT
THEM.
VERY GOOD ARGUMENT ASKS BE
MADE NOW THAT WE'RE PROBABLY
NOT DOING AS GOOD A JOB AS WE
WOULD LIKE TO.
ONE ANSWER PERHAPS IS MORE
CAPACITY.
BUT THAT'S NOT IN A SIMPLE
BECAUSE REALLY, WHAT YOU HAVE
TO TAKE A LOOK AT IS WHAT IS
THE PURPOSE OR OBJECTIVE OF
THE CRIMINAL JUSTICE SYSTEM?
DEPENDING UPON WHAT YOUR
OPINION IS ABOUT THAT, THAT
IMPACTS ESSENTIALLY WHERE
THOSE RESOURCES SHOULD GO.
SOME GOOD ARGUMENTS COULD BE
MADE AS TO WHETHER OR NOT
INCARCERATION IS HELPFUL FOR
A LOT OF THESE OFFENDERS.
AND THAT THAT MONEY COULD BE
MUCH BETTER SPENT TO CREATE
MORE RESOURCES FOR TREATMENT
OPTIONS.
IF NOTHING ELSE, 90'S TOLD US
THAT INTEREST IN MANDATORY
SENTENCING FOR ESPECIALLY
DRUG OFFENSES, YOU CANNOT
INCARCERATE YOUR WAY OUT OF
THESE TYPES OF PROBLEMS.
IT REQUIRES A LOT OF DIFFERENT
THINGS TO ATTACK IT AND JAIL
IS ONE THING.
YOU CAN AFFORD SOME DETER AND
FOR CERTAIN OFFENDERS.
BUT REALLY, AT THE CORE, WHAT
WE'RE LOOKING IS CAPACITY FOR
TREATMENT.
TO BE ABLE TO CHANGE THE WAY
PEOPLE THINK AND THEY BEHAVE.
COMPLIANCE IS FINE.
CHANGING PEOPLE'S BEHAVIOR IS
REALLY WHAT WE NEED TO DO.
>>Lara: YOU'RE LEADING TO AN
AREA THAT WE DEFINITELY GOING
TO GET A LITTLE MORE INTO AS
FAR AS THE DRUG SITUATION HERE
IN THE STATE.
SOME OF THE OTHER ISSUES,
HOMELESSNESS, THAT HAVE
REALLY NO DOUBT PUT A BURDEN
ON THE SYSTEM.
I WANT TO HAVE YOU LISTEN TO
AN INTERVIEW, ANOTHER
INSIGHTS SHOW WHERE JUDGE
KUBO WAS TALKING AND HE
OVERSEES THE DRUG COURT AND HE
WAS PART OF AN INSIGHTS PANEL.
BACK IN NOVEMBER.
NOT THAT LONG AGO.
WE ASKED HIM ABOUT THE CURRENT
STATE OF HAWAII'S DRUG
PROBLEM PARTICULARLY ABOUT
CRYSTAL METH.
TAKE A LISTEN.
>> I THINK WE'RE STARTING TO
BACKSLIDE AS FAR AS THE DRUG
USE OF ICE IS CONCERNED.
IN THE EARLY 2,000'S, WE HAD
A BAD PROBLEM.
WE HAD TOWN HALL MEETINGS,
ALMOST EVERY WEEK AND SOME
PLACE IN THE STATE, AND I
REMEMBER THE CRIES OF THE
PARENTS.
I REMEMBER THE HEART ACHES.
I REMEMBER THE KIDS GETTING IN
TROUBLE.
AND WE ALL CAME TOGETHER.
NOT ONLY ENFORCEMENT, BUT-NOT
ONLY LAW ENFORCEMENT BUT
PROVIDERS AND THE COMMUNITY
AND PARENTS AND WE WITH ABLE
DO THINGS.
BUT I THINK OVER THE YEARS,
YOU CAN ONLY KEEP THAT DRUM
BEAT UP FOR SO LONG BEFORE YOU
START GETTING FATIGUED.
AND SO I THINK EITHER THAT, OR
SOME FORM OF COMPLACENCY.
THE CRIES ARE NOT LOUD ANY
MORE.
AND WHAT YOU'RE SEEING IS DRUG
DEALERS OR AT LEAST AS FAR AS
JUDGES, WE'RE STILL SEEING A
HIGH PERCENTAGE OF
METHAMPHETAMINE ABUSERS WHO
ARE COMMITTING CRIMES.
THIS IS TROUBLING BECAUSE
THIS IS TAKING THE NEXT
GENERATION.
>>Lara: YOUR THOUGHTS?
>> SO YOU KNOW, IN HAWAI'I,
ABOUT 22% OF CRIMINAL CASES
ARE DRUG RELATED.
>>Lara: 22%?
>> 22%.
IN CIRCUIT COURT, I SHOULD
SAY.
AND THERE ARE ABOUT 24% OF ALL
CONVICTIONS.
SO THAT REPRESENTS BIG CHUNK.
OVERWHELMINGLY FOR
POSSESSION.
NOT NECESSARILY DRUG DEALERS.
AND SO REALLY, WHAT YOU SEE IN
TERMS OF WHAT THE JUDGE WAS
SAYING-CRIMINALIZATION OF
DRUGS HASN'T BEEN WORKING.
CONVICTION IS PUBLIC HEALTH
MATTER.
BLUNT POOL OF CRIMINALIZATION
MAKES WHAT IS ALREADY A
DIFFICULT PROBLEM SOMETIMES
WORSE.
>>Lara: INTERESTING BECAUSE
NOW A MANDATORY SENTENCE.
ISN'T THAT RIGHT? EXPECTED
TO HAVE IMPACT ON THESE TYPE
WAS OF CASES.
BUT IT DOESN'T SEEM TO HAVE
IMPACT.
>> PRECISELY.
IT IS BECAUSE IT'S DEALING
WITH ADDICTION.
SO EVEN EFFECT OF MANDATORY
SENTENCE DOESN'T WORK WITH
SOMEONE THAT IS ADDICTED TO
METH, WHATEVER SUBSTANCE.
>>Lara: DO YOU THINK IN
PARTICULAR, WITH THIS DRUG,
IT'S A PARTICULAR PROBLEM
BECAUSE OF THE STRENGTH OF THE
DRUG OR IS IT JUST --
NO.
I ALWAYS SAY THAT THE
ADDICTION, WHETHER IT'S DRUG
OR WHETHER IT'S ALCOHOL, IS
MORE POWERFUL THAN ANY LAW
THAT CAN BE PASSED.
BECAUSE WHEN WE MEET WITH
CLIENTS, THEY NEVER THOUGHT
OF, OH, I MIGHT GET A
MANDATORY SENTENCE OR THIS IS
MY THIRD DUI CONVICTION, I
MIGHT GET JAIL TIME.
IT JUST NEVER CROSS THEIR
MIND.
IT'S THE ADDICTION TO THE
SUBSTANCE THAT'S MORE
POWERFUL THAN ANYTHING ELSE.
>>Lara: I NEED TO GET TO SOME
OF THE VIEWER QUESTIONS.
I WANT TO, ON THAT NOTE, I
WANTED TO ASK YOU ABOUT THIS
MOVEMENT, AT LEAST IN SOME
AREAS IN THIS COUNTRY TOWARDS
TREATING THIS NOW AS A PUBLIC
HEALTH ISSUE INSTEAD OF
CRIMINAL ISSUE.
ARE WE MOVING IN THAT
DIRECTION? DO YOU SEE ENOUGH
MOVEMENT HAPPENING? DO YOU
THINK THAT'S HOW WE SHOULD BE
LOOKING AT THIS?
>> I THINK THAT'S EXACTLY HOW
WE SHOULD BE LOOKING AT IT.
BUT OF COURSE, YOU KNOW, WHAT
MATEO REFERRED TO IN TERMS OF
DRUG CONVICTIONS, THOSE ARE,
I THINK HE WAS REFERRING TO
CONVICTIONS WHICH ONLY STATE
OR DRUG OFFENSE, BUT MANY
PROPERTY OFFENSES, LIKE
BURGLARIES, THEFTS, CRIMINAL
PROPERTY DAMAGE, PEOPLE ARE
DRUNK.
ALL TYPES OF VARIOUS OTHER
TYPES OF CRIMINAL OFFENSES
THAT HAVE THEIR ROOT IN
ADDITION.
SO YOU'RE ACTUALLY TALKING
ABOUT WHOLE LOT MORE OFFENSES
RATHER THAN JUST A DRUG
OFFENSES THAT HAVE THEIR ROOT
IN ADDITION.
YOU'RE GOING TO GET THOSE
OFFENSES THAT NEED TO BE
CRIMINAL SANCTION ON.
BUT THE CONCEPT OF CREATING
UNDERLYING CAUSE, I THINK,
THERE SHOULD BE A MOVEMENT
TOWARDS TREATING IT AS A
PUBLIC HEALTH SITUATION.
>> ONE SIZE DOESN'T FIT ALL.
I MEAN, THAT'S REALLY THE KEY.
BECAUSE WHEN JUDGES DO NOT
HAVE DISCRETION AND THEY ARE
REQUIRED BY LAW TO SEND AN
INDIVIDUAL WHO IS CLEARLY AN
ADDICT TO PRISON, WHILE THAT
REMOVES THEM FROM SOCIETY FOR
A PERIOD OF TIME AND THEY MAY
HAVE LESS ACCESS TO THEIR DRUG
OF CHOICE, UNLESS THEY GET THE
APPROPRIATE TREATMENT,
THEY'RE GOING TO COME OUT AND
THEY'RE LIKELY TO CONTINUE ON
THAT PATH.
BUT I DISAGREE SOMEWHAT WITH
RESPECT TO WHAT JACK SAID,
SHOULD BE TREATED AS
A PUBLIC HEALTH ISSUE.
A SERIOUS PUBLIC HEALTH ISSUE
BUT ALSO CRIMINAL JUSTICE
ISSUE.
PEOPLE THAT ARE ENGAGED IN
THESE TYPES OF CRIMES OR DRUG
USE, FOR EXAMPLE, IF THEY'RE
NOT WORKING, HOW ARE THEY
PAYING FOR THOSE DRUGS?
THEY'RE COMMITTING OTHER
CRIMES.
AND SOME OF THEM ARE PROPERTY
CRIMES.
BUT YOU KNOW, THERE'S A POINT
AT WHICH WHERE IT IS A
LEGITIMATE CRIMINAL JUSTICE
ISSUE TO HOLD THESE
INDIVIDUALS TO ACCOUNT AND
NOT TO EXCUSE THE BEHAVIOR
SIMPLY BECAUSE THEY'RE
ADDICTED TO A SUBSTANCE.
IT'S A COMPLICATED SET OF
ISSUES AND ALL OF THEM NEED TO
BE LOOKED AT.
THAT'S WHEN I THINK WHAT'S
GOOD ABOUT SHIFT MORE RECENT
YEARS IS WE RECOGNIZE THE
BENEFITS OF A MORE OF A
MULTIDISCIPLINARY APPROACH
TO THESE THINGS.
COURTS NOWADAYS, FOR EXAMPLE,
THE SYSTEM OF JUSTICE HAS
CHANGED SO MUCH.
POLICE USED TO REST,
PROSECUTORS WOULD PROSECUTE
AND THE COURTS WOULD
ADJUDICATE.
THAT IS CHANGED TREMENDOUSLY
IN THE LAST 20 YEARS.
WE HAVE NOW SHIFTED AWAY FROM
THAT AS OUR PRIMARY GOAL,
EXCUSE ME, OUR OBJECTIVE, TO
NOW WHERE WE ARE INVOLVED IN
MANY OTHER THINGS.
SPECIALTY COURTS FOR EXAMPLE,
TRYING TO FIGURE OUT
DIFFERENT WAYS, DIFFERENT
TOOLS TO COMBAT THESE VERY,
VERY SERIOUS AND LONGSTANDING
PROBLEMS.
AND THOSE REQUIRE RESOURCES.
>>Lara: LET ME ASK YOU THIS.
GET TO SOME OF THE QUESTIONS.
THERE'S A WHOLE LOT.
A LONG QUESTION.
WHAT POLICIES HAVE
PROSECUTORS AND PROBATION
OFFICIALS FOLLOWED IN RECENT
YEARS TO HELP ENSURE THAT
INCARCERATION IS NOT
OVERUTILIZED GIVEN THE HIGH
COST, TAXPAYORS, AND BURDENS
PLACED ON FAMILY MEMBERS, ARE
STANDARDIZED RISK ASSESSMENT
TOOLS USED AND HOW DO THEY
IMPACT DECISION MAKING?
>> WELL, THERE ARE
STANDARDIZED RISK ASSESSMENT
TOOLS LIKE WE DISCUSSED.
RESULT OF THE JUSTICE
REINVESTMENT INITIATIVE.
ONE OF THE WAYS WE TRY TO HELP
ALLEVIATE THIS BURDEN,
OVERCROWDING.
ALSO HAVE PROGRAMS LIKE
COMMUNITY COURTS.
WHERE WORK TOGETHER WITH THE
PUBLIC DEFENDERS, WITH THE
JUDICIARY AND TRY TO TARGET
BACKLOG OF CASES THAT ARE IN
DISTRICT COURT, WHICH ARE TO
HELP PEOPLE, HOMELESS ISSUES,
SUBSTANCE ABUSE ISSUES,
GIVING THEM CONNECTIONS TO
SOCIAL SERVICE.
THIS IS BY WORKING TOGETHER.
WE CAN GET BENEFITS LIKE THIS
THAT AFFECT OVERPOPULATION IN
OUR JAILS AND PRISONS.
IT CAN AFFECT BACKLOGS IN OUR
COURT.
INITIATIVES ARE BEING TAKEN
TO ADDRESS THESE ISSUES.
>>Lara: IT'S TOUGH WHEN YOU
HAVE INDIVIDUALS WHO DON'T
WANT TO TAKE THE MEDICATION,
AREN'T SEEKING TREATMENT FOR
POSSIBLE MENTAL ILLNESS, WHO
ARE ON THE STREETS AND AND
DON'T HAVE AN OBVIOUS
SOLUTION OR DON'T WANT TO GET
OFF THE STREETS FOR THAT
MATTER.
NO DOUBT.
>> ONE OF THE THINGS THAT THE
SYSTEM HAS DONE, I WOULD ASK
JACK TO COMMENT ON THIS TOO,
IF HE WOULD, IS THAT WE HAVE
HAD, BEEN LOOKING AT FOR A
LONG TIME, DIFFERENT WAYS TO
ADDRESS THESE PROBLEMS.
AND ONE OF THE MOST SUCCESSFUL
PROGRAMS THAT WE'VE HAD IN
RECENT YEARS HAS BEEN THE
WHOLE PROBATION PROGRAM
HIGHLY STRUCTURED INTENSIVE,
SUPERVISION OF PROBATION
OFFENDERS.
AND WHAT IT RELIES ON IS WE
HAVE CERTAIN AND PROPORTIONAL
SANCTIONS FOR VIOLATIONS.
AND SO WHEN AN INDIVIDUAL, FOR
EXAMPLE COMES IN AND TESTS
DIRTY, THEY'RE IMMEDIATELY
ARRESTED.
THERE'S AN IMMEDIATE
CONSEQUENCE TO THAT.
THEY'RE TAKEN BEFORE A JUDGE.
AND IF THE INDIVIDUAL ADMITS,
THEIR SANCTION IS BASICALLY
REFLECTS THAT.
IT WILL BE THREE TO FIVE DAYS
IN JAIL.
THEN THEY ARE DIRECTED TO GO
OUT AND GET AN ASSESSMENT, DO
WHATEVER ELSE IS NEEDED.
VERSUS SOMEBODY WHO COMES IN
AND SAYS THAT I DON'T KNOW HOW
I TESTED POSITIVE FOR METH.
WE'RE GOING TO SEND IT TO THE
LAB.
WE'RE GOING TO FIND OUT.
THAT PERSON IS NOT BEING
TRUTHFUL AND HONEST, THAT'S A
DIFFERENT DISCUSSION.
THE SANCTION IS GOING TO BE
MORE SERIOUS.
IT'S GOING TO BE 15 DAYS
BASICALLY.
OFFENDERS BUY INTO THAT
BECAUSE THEY FEEL THAT
THEY'RE BEING TREATED FAIRLY
AND IT ALSO IS A MORE TIMELY
RESPONSE TO THE BEHAVIOR AT
HAND.
MANY OF THESE PEOPLE CAN BE
MANAGED VERY WELL WHEN THEY
HAVE THE BENEFIT OF THAT TYPE
OF SUPERVISION.
DO YOU AGREE?
>> I AGREE.
THAT'S GETTING BACK TO
MATEO'S POINT IN TERMS OF
INCARCERATING ALL OF THESE
PEOPLE.
THERE ARE ALTERNATIVES TO
INCARCERATION.
HOPE IS AN EXCELLENT EXAMPLE
OF THAT.
WITH MORE INTENSIVE
SUPERVISION, YOU CAN PLACE
PEOPLE IN THE COMMUNITY.
BUT LIKE EVERYTHING ELSE,
EVEN THE HOPE COURT RIGHT NOW
IS, I MEAN, IT'S UNDERFUNDED.
WE NEED MORE JUDGES.
MORE PUBLIC DEFENDERS IN
THOSE COURTS BECAUSE YOU
KNOW, IF YOU'RE GOING TO PLACE
MORE PEOPLE UNDER INTENSIVE
SUPERVISION, YOU NEED MORE
PEOPLE MANNING THAT
PARTICULAR COURT AND YOU NEED
MORE JUDGES.
>>LARA: HERE'S A TOUGH ONE.
I MOVED FROM LA TO KONA 24
YEARS AGO.
>> JUDGES HERE, IN HIS
OPINION, HE SAYS JUDGES HERE
ARE FAR TOO LENIENT.
SENTENCES ARE TOO LIGHT.
OUT ON BAIL, PERPETRATORS
WILL OFTEN COMMIT MORE
CRIMES.
MARK SAID, RECIDIVISM IS THE
BIGGEST ISSUE IN THE QUOTE,
REVOLVING DOOR SYNDROME.
WHAT'S BEING DONE TO ADDRESS
REHABILITATION? THIS GOES
TO SHOW YOU DIFFICULTIES IN
THE PUBLIC PERCEPTION AND HOW
THE COMMUNITY IS FEELING
ABOUT HOW TO DEAL WITH
CRIMINALS AND POSSIBLY
LETTING THEM OUT SOONER AND
DIFFICULTIES NO DOUBT,
LAWMAKERS ALSO HAD BECAUSE
THAT PUBLIC PRESSURE WAS ON.
>> IT'S VERY UNDERSTANDABLE
WHY PEOPLE MIGHT VIEW JUDGE'S
SENTENCE AS BEING TOO
LENIENT.
THEY'RE BASING THAT
CONCLUSION UPON WHAT'S
REPORTED IN THE MEDIA OR WHAT
ELSE IS AVAILABLE.
BUT JUDGES ARE PROVIDED WITH
A LOT OF OTHER INFORMATION
INCLUDING VERY COMPREHENSIVE
AND CAREFULLY DRAFTED
PRESENTENCE REPORT.
WHICH ONLY GOES TO THE
INDIVIDUALS IN THE CASE AND
THE JUDGE.
THERE'S OFTEN A CONFIDENTIAL
RECOMMENDATION THAT'S MADE
THERE.
THE JUDGE HAS THE BENEFIT OF
ALL OF THAT INFORMATION SO
WHEN HE OR SHE MAKES THE
DECISION, TRYING TO ASSESS
WHAT RISK THIS PERSON
PRESENTS, ARE THEY DANGEROUS
OR NOT, WHAT OPTIONS EXIST TO
ADDRESS THOSE CRIMINAL RISK
FACTORS, THEN HEARING FROM
THE VICTIMS, HEARING FROM THE
DEFENDANT, HEARING FROM THE
FAMILY, LOOKING AT OPTIONS
AVAILABLE DECIDES UPON
APPROPRIATE SENTENCE.
WHEN AN INDIVIDUAL OUT IN THE
PUBLIC HEARS ABOUT THAT, THEY
DON'T KNOW WHAT ALL OF THAT
INFORMATION IS.
SO IT'S VERY EASY FOR PEOPLE
TO COME AWAY FROM THAT
THINKING THAT'S JUDGE DID NOT
SERIOUSLY ENTERTAIN MORE
SEVERE CONSEQUENCES WHEN IN
FACT, SENTENCING IS PROBABLY
THE MOST IMPORTANT DECISION
JUDGES MAKE ON DAILY BASIS.
>>Lara: NO DOUBT THE FINE LINE
THAT ALL OF YOU ARE WALKING.
THIS IS FROM KEVIN.
WHY IS THE PANEL MORE
CONCERNED ABOUT THE INMATES
THAN THEY ARE ABOUT THE
VICTIMS? THE PROBLEMS ARE
ABOUT THE FAILURE OF FAMILIES
TO TEACH THEIR CHILDREN
MORALS.
SOUNDS LIKE TWO ISSUES GOING
ON THERE.
BEFORE I HAVE YOU ANSWER THAT,
I WANT TO MAKE SURE I GET TO
THIS.
WE WERE, WE APPRECIATE ALL OF
YOU BEING HERE.
PROBATION OFFICE BY THE WAY,
DECLINED TO SEND A
REPRESENTATIVE.
RECOMMENDED THAT YOU BE HERE
BECAUSE OF YOUR EXPERIENCE.
YOU'RE HEADING UP THE
CRIMINAL PRETRIAL TASK FORCE.
EXAMININGING CRIMINAL
PRETRIAL PRACTICE AND
PROCEDURES.
KIND OF TOUCHED ON THAT.
AND WE WANT TO TALK ABOUT WHAT
IS IT YOU'RE FOCUSING ON.
ONE OF THE ISSUES TOO IN THIS
IS WHEN YOU'RE DEALING WITH
TRYING TO FIGURE OUT BAIL THAT
WE TOUCHED ON, WHAT SHOULD BE
THE RIGHT AMOUNT, ISSUES WITH
BEING ABLE TO PAY THAT, THEN
ALSO, COMMENTS WE'VE GOT ON
THE PEOPLE OUT IN THE
COMMUNITY, NOT ALWAYS WANTING
PEOPLE TO BE RELEASED EARLY.
NOT ALWAYS WANTING THE BAIL TO
BE SET LOW.
SO THEY CAN GET OUT BECAUSE
THAT'S THE ENVIRONMENT THAT
MAY HAVE BEEN CONNECTED TO WHY
DID HAPPEN IN THE FIRST PLACE.
THEY'RE CONCERNED.
SO THERE'S AN INTERESTING
FLIP SIDE TO ALL OF THIS.
>> RIGHT.
>>Lara: THAT NO DOUBT, THE
FAMILIES ARE ALSO VERY
CONCERNED ABOUT.
AND HOW DO YOU THEN GAUGE
THAT?
>> RIGHT.
IT'S IMPORTANT, LIKE THE
QUESTION THAT CAME IN.
IT'S IMPORTANT NOT TO LOSE
FOCUS OF WHAT PUBLIC SAFETY IS
CONCERNED ABOUT, WHICH IS
PUBLIC SAFETY.
BUT ALSO, TO FOCUS ON OUR
VICTIMS, VICTIMS OF CRIME.
ANY KIND OF POLICY
DISCUSSIONS WE HAVE, THAT
FOCUS SHOULD BE ON PROTECTING
THE PUBLIC AND ENSURING THAT
VICTIMS AND WITNESSES ARE
ALSO PROTECTED.
WITH THE BILL REFORMAT,
DISCUSSIONS WE'RE HAVING
ABOUT IT, THERE'S A TENDENCY
FOR THAT DISCUSSION TO BE
DRIVEN BY PRISON
OVERCROWDING.
THE PROBLEM WITH THAT IS
SHIFTING THE FOCUS AWAY FROM
PUBLIC SAFETY.
AND TALKING ABOUT FOCUSING ON
OUR VICTIMS.
WE HAVE DEFINITELY SHOULD
HAVE THE DISCUSSION ABOUT
BAIL REFORM AND PRISON
OVERCROWDING.
FOCUS SHOULD ALWAYS BE
KEEPING OUR PUBLIC SAFETY AND
KEEPING VICTIM AND WITNESSES,
AGAIN, IN OUR FOCUS MOVING
FORWARD.
>> IN THIS RESPECT, I THINK
ONE OF THE GOOD NEWS IS THAT
THERE ARE REFORMS THAT MAKE US
SAFER, PROTECT VICTIMS.
AND LEAD TO BETTER RESULTS
DOWN THE ROAD.
SO THOSE ARE THE THINGS I
THINK WE SHOULD BE LOOKING AT.
THOSE ARE THINGS THAT ARE
BEING TRIED ACROSS THE
NATION.
AND THAT HAWAI'I CAN LEARN
FROM.
SOME OF THEM ARE EXPERIMENTS.
SOME OF THEM ARE NEW.
BUT WE'RE GETTING DATA AND WE
CAN ACTUALLY TELL IF IN FACT
THERE ARE FEWER CRIMES.
WHAT WE'RE SEEING POSITIVE
RESULT.
>>Lara: AS FAR AS SOME OF
AREAS OF CONCERN, PEOPLE WHO
ARE GETTING MULTIPLE
CONVICTIONS, PEOPLE
VIOLATING THEIR PAROLE,
RECIDIVISM, GETTING BACK INTO
THE SYSTEM, WHERE ARE WE AT?
ARE THOSE NUMBERS IMPROVING
OR ARE WE SEEING SORT OF
DIFFERENT THINGS HAPPENING?
AND WHAT IS YOUR TAKE ON THAT?
>> I HAVE SOME NUMBERS.
I FOR EXAMPLE, KNOW THAT EVERY
YEAR, WE RELEASE ABOUT A
THOUSAND INDIVIDUALS FROM
PRISON EITHER ON PAROLE OR
BECAUSE THEY SERVED MAXIMUM
SENTENCE.
THAT'S MORE OR LESS.
AND UNFORTUNATELY, RATE OF
REOFFENSE FOR RECIDIVISM FOR
THOSE INDIVIDUALS IS ABOUT
60%.
IF YOU INCLUDE PROBATIONERS.
IT'S ABOUT 50%.
IT'S NOT HIGHER OR BELOW THE
NATIONAL AVERAGE.
WE COULD BE DOING A LOT
BETTER.
50% IS STILL VERY, VERY HIGH.
AND I THINK THAT SPEAKS TO THE
FACT THAT PRISONS AND JAILS
ARE OVERCROWD AND
UNDERFUNDED.
THEY DON'T HAVE THE
PROGRAMMING NECESSARY TO
ACTUALLY REHABILITATE
PEOPLE.
I THINK THAT'S SOMETHING THAT
HERE, EVERYONE AT THIS TABLE
WOULD AGREE.
>> ONE OF THE MOST IMPORTANT
THINGS IS WE'RE FORTUNATE NOW
BECAUSE THERE'S A LOT OF
RESEARCH THAT'S GOING ON.
AND WHETHER IT'S POLICE,
PROSECUTORS, JUDGES, EVEN
DEFENSE COUNCIL, BEEN WORKING
IN A SYSTEM HAS ITS ROOTS MANY
DECADES AGO.
WE NOW HAVE THE BENEFIT OF
RESEARCH THAT CAN HELP GUIDE
US TO TELL US WHETHER OR NOT
THE PRACTICES THAT WE
ACTUALLY ARE ENGAGING IN, ARE
THEY EFFECTIVE? BECAUSE
SOMETIMES YOU DO THINGS THAT,
FOR EXAMPLE, MAKE YOU FEEL
LIKE YOU ARE PERHAPS DOING THE
APPROPRIATE THING, WHEN THE
RESEARCH MAY SUGGEST
OTHERWISE.
FOR EXAMPLE, WHEN PEOPLE ARE
RELEASED FROM CUSTODY AND
SUPERVISION TO AN INDIVIDUAL
OR TO A PROGRAM, COURTS
TYPICALLY WILL IMPOSE A
NUMBER OF TERMS AND
CONDITIONS THAT ARE FROM A
COMMON SENSE STANDPOINT,
DESIGNED TO ADDRESS THE RISKS
THAT THEY PRESENT TO GET THEM
TO ADDRESS THEIR DRUG
ADDICTION OR MENTAL HEALTH
ISSUES, THINGS OF THAT SORT.
WHAT THE RESEARCH SHOWS WHILE
THAT MAY BE THE INTENTION,
WHAT HAPPENS IS IN SOME OF
THESE OFFENDERS, THE
IMPOSITION OF A NUMBER OF
THESE CONDITIONS IS ACTUALLY
COUNTER PRODUCTIVE.
IN OTHER WORDS, IT HAS NOTHING
DO WITH WHETHER OR NOT THE
INDIVIDUAL IS GOING TO RETURN
TO COURT, WHETHER OR NOT HE OR
SHE IS THE A HIGHER RISK OF
COMMITTING A NEW OFFENSE OR
HURTING SOMEBODY.
SO WE HAVE TO LOOK AT A LOT OF
DIFFERENT THINGS.
EVIDENCE BASED PRACTICES IS
REALLY A BIG PART OF THAT AND
THERE ARE EFFORTS UNDERWAY.
I ALSO CO-CHAIR A COMMITTEE
THAT IS LOOKING AT, DEDICATED
TO TRY TO REDUCE RECIDIVISM
THROUGH THE PRACTICE.
>>Lara: INTERESTING QUESTION
FROM LARRY FROM WAIPAHU.
HE SAID, LOOK AT HOW MANY
FOLKS HAVE BEEN ARRESTED
THREW OUT NUMBERS.
ON STREETS RIGHT NOW.
HIS TAKE, THEY DON'T FEAR THE
JUSTICE SYSTEM IN HAWAI'I.
WHAT IS YOUR RESPONSE TO THAT?
THERE MAY BE, FOR WHATEVER
REASON, FOR WHERE WE ARE, IN
OUR SOCIETY RIGHT NOW,
DESENSITIZED TO WHAT WE SEE.
WHO KNOWS WHAT? DO YOU THINK
THAT'S, THERE'S SOME VALIDITY
TO THAT ASSESSMENT, PEOPLE
DON'T FEAR THE JUSTICE SYSTEM
AS MUCH AS THEY USED TO -- I
DON'T THINK THAT'S TRUE.
IT'S A VERY DIFFICULT
SITUATION.
WHEN YOU'RE ARRESTED BY THE
POLICE.
ONE OF YOUR VIEWERS EARLIER
MADE A COMMENT, ABOUT THERE'S
SO MUCH BREAK DOWN IN THE
FAMILY NOW.
I THINK THAT WAS AN EXCELLENT
POINT BECAUSE WE'RE NOW IN A
GENERATION WHERE MANY OF THE
KIDS, YOUNG PEOPLE THAT WE SEE
COMING TO THE SYSTEM, THEIR
PARENTS WERE DRUG ADDICTS.
SOMETIMES BOTH MOTHER AND
FATHER WERE ADDICTED.
>>Lara: THIS IS A COMMENT.
FOCUS NEEDS TO BE ON THE WAY
PEOPLE ARE RAISED, RESPECT
FOR THE LAW NEED TO BE TAUGHT
AND SHOULD BEGIN WHEN THEY
WERE YOUNG.
KIND OF FITS INTO WHAT WERE
YOU TALKING ABOUT.
>> EXACTLY.
THEY'VE GROWN UP IN A VERY
DYSFUNCTIONAL ENVIRONMENT.
SOMETIMES GIRLS, YOUNG GIRLS,
RUN AWAY BECAUSE THEY'RE
BEING SEXUALLY AND PHYSICALLY
ABUSED.
MALES WILL RUN AWAY ALSO
BECAUSE THEY'RE PHYSICALLY
ABUSED AT HOME.
THESE ARE SO MANY OF THE
PEOPLE THAT WE SERVE IN THE
JUSTICE SYSTEM.
WE SEE THE BACKGROUNDS IN
THESE PRESENTENCE REPORTS,
THESE ARE THE ENVIRONMENTS
THEY COME FROM.
SO WHAT THEN WE'RE TRYING TO
DO IS PLAY CATCH UP AND TRYING
TO CHANGE THE ATTITUDES OR
BEHAVIOR THAT WERE CAUSED BY
THESE ENVIRONMENTS, AND
THAT'S A VERY DIFFICULT
SYSTEM FOR GOVERNMENT TO DO.
>>Lara: I WANT TO ADD THIS
QUICKLY.
JUSTICE SYSTEM, FROM ANOTHER
VIEWER, JUSTICE SYSTEM
COULDN'T BE MORE BROKEN BUT
THE REAL FIX THIS PERSON
BELIEVES, LIES IN EDUCATION.
>> THAT'S PART OF IT.
BUT IT'S NO ONE COMPONENT IS
TO BLAME.
THE VIEWER THAT TALKED ABOUT
EROSION OF BASIC VALUES AND
UPBRINGING.
ALL OF THAT IS CORRECT.
BECAUSE WHEN YOU LOOK AT THE
INDIVIDUALS THAT WE SEE ON A
REGULAR BASIS, THE COMMON
THREADS THAT WE SEE AS PART OF
THAT FABRIC ARE UNEMPLOYMENT.
EDUCATION LEVELS.
MANY DO NOT EVEN GRADUATE.
SUBSTANCE ABUSE AT AN EARLY
AGE, EXPOSURE TO
DYSFUNCTIONAL FAMILY
ENVIRONMENT.
ALL OF THOSE THINGS PUT
PRESSURE ON AN INDIVIDUAL
SUCH THAT A LOT OF THESE
INDIVIDUALS END UP COMMITTING
CRIMES.
AND IT DOESN'T MEAN THAT
THEY'RE BAD PEOPLE
NECESSARILY, BUT WE HAVE TO
UNDERSTAND THAT WE ARE JUST
SEEING SORT OF THE SORT OF
SYMPTOM, BUT REALLY, THE ROOT
CAUSE IS A LOT MORE INVOLVED
AND EDUCATION, I COULDN'T
AGREE MORE.
BUT THAT ALONE WILL NOT FIX
IT.
>>Lara: HERE'S A QUICK
QUESTION FOR RICK FROM HILO.
WHY AREN'T INMATES ON WORK
FURLOUGH NOT EQUIPPED WITH
TRACKING DEVICES?
>> THIS IS PROBABLY A
RESOURCES ISSUE AS WELL.
WE TALKED ABOUT BEFORE.
THE RESOURCES THAT ARE GIVEN
TO OUR DEPARTMENT OF PUBLIC
SAFETY IS JUST NOT ENOUGH TO
EQUIP ALL OF THESE INMATES
WITH CHECK-IN DEVICES AND
IT'S NOT JUST RESOURCES FOR
THOSE DEVICES BUT RESOURCE
FOR SERVICES AND PROGRAMMING
THAT THESE INMATES NEED SO
WHEN THEY ARE RELEASED, THEY
HAVE THE TOOLS THEY NEED TO
BECOME MORE PRODUCTIVE
MEMBERS OF OUR SOCIETY.
>>Lara: WHAT PRECAUTIONS ARE
TAKEN IN A SERIOUS CRIME TO
PREVENT SUSPECTS FROM LEAVING
THE CITY WHILE RELEASED ON
THEIR OWN RECOGNIZANCE.
>> IF A PERSON IS ARRESTED
PENDING TRIAL, RELEASED ON
BAIL, ONE OF THE MANDATORY
CONDITIONS THEY CAN'T LEAVE
THE JURISDICTION WITHOUT
PERMISSION OF THE COURT.
>>Lara: THIS PROBABLY COMES
UP BECAUSE OF THE CASE THAT WE
HAD FEW MONTHS AGO WITH THE
INDIVIDUAL WHO LEFT SAITO.
WHO LEFT THE MENTAL HEALTH
FACILITY.
NO DOUBT.
THEY NEED TO GET COURT
PERMISSION ANY TIME THEY'RE
ON RELEASE TO LEAVE.
>> THAT WAS A DIFFERENT
SITUATION.
COMES DOWN TO FUNDAMENTAL
RESPECT FOR THE PROCESS AND
INSTITUTIONS.
>>Lara: THAT WAS THE CONCERN
BY ONE OF THE VIEWERS.
>> WHEN SOMEBODY HAS A
RESTRAINING ORDER, THAT'S A
PIECE OF PAPER BUT THAT ISN'T
GOING TO PROTECT HER OR HIM
WHEN THE PERSON IS RESTRAINED
FROM HAVING CONTACT KNOCKS ON
THEIR DOOR AT 2:00 IN THE
MORNING.
IF THEY DON'T RESPECT THE
ORDER, THEN THAT ORDER IN AND
OF ITSELF IS NOT GOING TO
SOLVE THE PROBLEM.
WHEN HE HAVE TO BE MINDFUL OF
THESE THINGS, DO THE BEST WE
CAN, TO TRY TO MANAGE THESE
ISSUES FROM VARIETY OF
STANDPOINTS.
>>Lara: SO MUCH MORE WE WANTED
TO GET TO.
I WANTED TO ASK SOME OF YOU
THIS QUESTION.
OVERNIGHT, OVERNIGHT, YOU
COULD FIX ONE THING ABOUT THE
LOCAL CRIMINAL JUSTICE
SYSTEM, WHAT WOULD IT BE?
WHAT IS ON THE TOP OF YOUR
LIST? I KNOW IT'S TOUGH TO
PICK ONE BECAUSE THEY'RE ALL
INTERCONNECTED.
>> IF I COULD JUST SORT OF SAY
THAT NOT TO SAY THAT THERE
AREN'T OTHER SERIOUS ISSUES,
BUT SINCE DRUG AND ALCOHOL
ABUSE AND ADDICTION REARS ITS
HEAD IN SO MANY OF THE CASES
WE SEE.
IT WOULD BE VERY HELPFUL TO BE
ABLE TO HAVE ADDITIONAL
TREATMENT OPTIONS.
ON OAHU, WE'RE FORTUNATE.
>>Lara: THAT WAS A QUESTION
FROM A LOT OF PEOPLE.
A LOT OF FOCUS ON
REHABILITATION.
WHAT IS HAPPENING WITH THAT?
I KNOW YOU ALL TOUCHED ON
THAT.
I KNOW THAT'S TOUGH BECAUSE IT
TAKES RESOURCES AND POLITICAL
WILL.
>> IT'S WHERE ARE YOU GOING TO
SPEND THE MONEY? GOING TO
BUILD A BRICK AND MORTAR
FACILITY OR ARE YOU GOING TO
PAY FOR TREATMENT PROGRAMS?
THAT'S THE CHOICE THAT
OFTENTIMES PEOPLE ARE LEFT
WITH.
>>Lara: YOUR THOUGHTS?
>> RIGHT.
IS A QUESTION ABOUT RESOURCE.
AND IT DOESN'T COME DOWN TO
JUST TREATMENT OR NEWER
FACILITY.
WE CAN APPROACH THESE COMPLEX
ISSUES BY LOOKING AT ALL
FRONTS.
MAYBE IT'S NEWER FACILITY
FOCUS ON REHABILITATION AND
TREATMENT AND SERVICES
NECESSARY.
I THINK RESOURCES IS THE
ISSUE.
THE RESOURCES TO BUILD A
FACILITY.
SO WHEN WE NEED THE SPACE TO
PUT DANGEROUS PEOPLE AWAY, WE
HAVE IT.
FACILITIES THAT ARE ABLE TO
PROVIDE THE KIND OF SERVICES
THAT ARE INMATES NEED SO WHEN
THEY DO RE-ENTER SOCIETY,
THEY CAN DO SO SUCCESSFULLY.
>>Lara: WHAT'S ON THE TOP OF
YOUR LIST?
>> I THINK THE RESOURCE THING
QUESTION IS A BIG THING.
BUT I APPROACH IT A LITTLE
DIFFERENT WHERE I THINK A LOT
MORE RESOURCES NEED TO BE PUT
INTO THE JUVENILE JUSTICE
SYSTEM.
SO MANY OF OUR ADULTS
DEFENDANTS HAVE SINCE
GRADUATED FROM THE JUVENILE
JUSTICE SYSTEM.
THEY FIRST GET INTO TROUBLE AS
JUVENILES AND THAT WHOLE
SYSTEM IS PROBABLY MORE
UNDERFUNDED THAN THE ADULT
SYSTEM IN TERMS OF MENTAL
HEALTH TREATMENT, SUBSTANCE
ABUSE, AND THE AMOUNT OF
JUDGES AND PUBLIC DEFENDERS,
PROSECUTORS THAT ARE DEVOTED
TO THAT SYSTEM.
I THINK.
>>Lara: NO DOUBT A LOT OF
THESE PROBLEMS START FROM
EARLIER IN LIFE.
CUT IT THERE, MAYBE WE DON'T
HAVE AS MANY OF THE PROBLEMS
AS ADULTS.
>> I'LL AGREE WITH EVERYONE.
IT IS RESOURCES ULTIMATELY.
HOWEVER, I THINK SOMETHING
HAS TO GIVE.
AND THAT'S WHY I DO THINK BILL
REFORM IS PERHAPS SOMETHING.
>>Lara: NOT EVERYBODY KNOWS
WHAT BILL REFORM IS.
>> BASIC IDEA, MANY PLACES
AROUND THE NATION ARE TO SOME
EXTENT, EXPERIMENTING.
EXPERIMENTING WITH RELEASING
MORE PEOPLE.
WITH CERTAIN CONDITIONS TO
MAKE SURE DIDN'T COMMIT
ANOTHER CRIME AND SHOW UP IN
COURT.
SOME PLACES, LIKE YOU SEE IN
KENTUCKY, BEEN DOING THIS FOR
A LONG TIME WITH GOOD RESULTS.
NUMBER OF THINGS YOU CAN DO,
25%, MUCH LESS AND SAFE
RESOURCES CAN BE MOVED
ELSEWHERE.
FOR PROGRAMMING, FOR
TREATMENT, AND SO YES, I AGREE
WITH EVERYONE ELSE THAT IT IS
RESOURCES.
ULTIMATELY, BECAUSE THERE'S
ONLY SO MUCH FUNDING.
YOU DO NEED TO MAKE REFORMS.
>>Lara: WE JUST HAD A LITTLE
BIT OF TIME LEFT.
ANYTHING ELSE COMING UP? YOU
MENTIONED A PROGRAM, JUDGE,
THAT A REPORT THAT YOU'RE
WORKING ON.
ANYTHING ELSE THAT PEOPLE CAN
FOCUS ON RIGHT NOW?
>> WELL, WHAT'S INTERESTING
IS THAT THE LEGISLATURE IS
VERY INTERESTED IN TAKING A
LOOK AT WAYS TO ADDRESS SOME
OF THESE PROBLEMS.
THERE'S A LOT OF FOLKS THAT
ARE HARD AT WORK DOING THAT.
ONE IS MY TASK FORCE.
PRETRIAL JUSTICE.
MANY OTHER EFFORTS UNDERWAY.
BUT IT'S GOING TO TAKE A LOT
OF DIFFERENT THINGS IN ORDER
TO HAVE A SUSTAINED LONGTERM
POSITIVE EFFECT.
WE'RE WORKING ON IT.
>>Lara: THANK YOU.
MAHALO TO ALL OF YOU FOR
JOINING US TONIGHT.
AND WE THANK OUR GUESTS,
ROM TRADER, JUDGE WITH THE
FIRST CIRCUIT COURT
CHASID SAPOLU, FIRST DEPUTY
PROSECUTING ATTORNEY WITH THE
CITY AND COUNTY OF HONOLULU
JACK TONAKI, FROM THE STATE
PUBLIC DEFENDER'S OFFICE
MATEO CABALLERO, FROM THE
AMERICAN CIVIL LIBERTIES
UNION OF HAWAI'I.
NEXT WEEK ON INSIGHTS A
SUBJECT THAT IS DIFFICULT TO
TALK ABOUT. THE LEADING
CAUSE OF INJURY DEATHS IN
HAWAII -- AMONG YOUNG PEOPLE
15-24 -- IS SUICIDE. AND
THIS YOUNG DEMOGRAPHIC LEADS
ALL OTHER AGE GROUPS IN
"ATTEMPTED SUICIDES".
NATIONALLY INCIDENTS ARE ON
THE RISE, AND HAWAII IS NO
EXCEPTION TO THIS TREND.
"WHAT WE NEED TO KNOW AND
UNDERSTAND ABOUT TEEN SUICIDE
IN HAWAII." - NEXT WEEK, RIGHT
HERE.
I'M LARA YAMADA FOR INSIGHTS
ON PBS HAWAI`I - A HUI HOU!
