The Hawaii Supreme Court on Sunday ordered the Department of Public Safety to release all pretrial detainees being held solely on misdemeanor or petty misdemeanor charges at Oahu Community Correctional Center.
The order, in response to a petition by the Office of the Public Defender in the wake of an outbreak of COVID-19 at the Oahu jail.
There are exceptions for detainees accused of domestic violence or of violating restraining orders or protective orders. Those who have tested positive for COVID-19 are also excluded from the order.
DPS is ordered to release those individuals by Wednesday.The order also applies to inmates convicted of misdemeanors or petty misdemeanors, again with the exception of those convicted of domestic abuse or of violating a protective or restraining order.
The Public Defender’s petition requested the order be extended to all correctional facilities in the state, but Sunday’s order applies only to OCCC.
Late Monday, another order was issued by the high court ordering OCCC to release inmates serving a sentence of 18 months or less as a condition of a felony deferral or probation, or felony pre-trial detainees charged with a felony.
Exceptions include those convicted or accused of sex assault or attempted sex assault, burglary, robbery, felony domestic abuse and unauthorized entry to a dwelling.
Those released under both orders are ordered to self-isolate for 14 days and wear a mask when within six feet of others. They’re also ordered to “immediately report the development of COVID-19 symptoms to the Department of Health … and shall thereafter follow directives from the DOH.”
As of Monday, 181 inmates and 30 staff had tested positive for COVID-19 at the Oahu jail, according to DPS. In addition one inmate and one staffer has tested positive at Halawa Correctional Facility, two staffers at the Women’s Correctional Facility, and one staffer at Waiawa Community Correctional Center, all on Oahu.