[§353-41] Restrictive housing; restrictions on use; policies and procedures. (a) Beginning July 1, 2026, except as otherwise provided in subsection (d), the use of restrictive housing in correctional facilities shall be restricted as follows:
(b) Beginning July 1, 2026, except as otherwise provided in subsection (c), a committed person who is twenty-one years of age or younger, or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated pregnancy shall not be placed in restrictive housing; provided that a committed person who:
(c) Beginning July 1, 2026, the use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:
(d) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:
(e) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall review the determinations regarding the imposition, ongoing use, and termination of restrictive housing for fairness, impartiality, alignment with best practices, and availability of resources and adequate staffing, and shall issue annual reports on the utilization thereof.
The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state-contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty or more hours without proper adherence to the procedures set forth in this section.
(f) As used in this section:
"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.
"Restrictive housing" is defined as occurring when all of the following conditions are present: