The Hawaii Supreme Court has ordered the release by Wednesday of all pretrial detainees charged solely with petty misdemeanor and misdemeanor offenses to reduce inmate populations at facilities across the state amid the COVID-19 pandemic.
The order, filed at 3:20 p.m. Monday, directs the state Department of Public Safety to temporarily release no later than Wednesday pretrial detainees from Hawaii Community Correctional Center (HCCC), Maui Community Correctional Center (MCCC) and Kauai Community Correctional Center (KCCC). It excludes persons charged with abuse of a family or household member, violations of a temporary restraining order, order for protection, or restraining order or injunction, or any other crime in family court.
“Because (MCCC, HCCC and KCCC) are overcrowded and exceed design capacity, and given the current COVID-19 pandemic, they have the potential to not only place the inmates at risk of death or serious illness, but also endanger the lives and well-being of staff and service providers who work there, their families, and members of the community at large,” the order reads. “Although the volume of positive COVID-19 cases in the correctional centers and facilities varies between the different islands, given the virulent spread of the virus within close quarters, any spread of COVID-19 within any of the correctional centers and facilities also has the potential to tax the capacities of the health care systems on each of the islands and the limited resources of Hawaii’s community health care providers.”
According to the Department of Public Safety, a total of 243 inmates and 52 staff have tested positive for COVID-19 as of Monday. All but one of the inmate cases and five of the staff cases occurred at Oahu Community Correctional Center.
No positive tests have come back among staff or inmates at HCCC, KCCC, or MCCC, according to the department.
Those temporarily released under the Supreme Court’s Monday order must appear at 1:30 p.m. Dec. 1 in the district or circuit court they last appeared. They must also maintain contact with their attorney, among other conditions, including that they self-isolate for 14 days.
If they fail to comply, additional charges could be filed. The Supreme Court’s order follows an Aug. 12 petition by the Office of the Public Defender for “extraordinary writ” seeking, among other things, a reduction of the inmate populations at the state’s correctional centers and facilities in order to “mitigate the harm that the COVID-19 pandemic may inflict upon inmates, the correctional staff, and the people of Hawaii.”
On Aug. 17, Department of Public Safety Director Nolan P. Espinda, Hawaii Paroling Authority Chairperson Edmund K.B. Hyun and each of the four counties prosecuting attorneys responded with their objections and concerns and provided alternative considerations.
Hawaii County Prosecuting Attorney Mitch Roth said he “objects to the wholesale release of inmates in custody without an individualized review of each inmate’s criminal history and other factors to ensure that the inmate can be released safely into the community.”
Monday’s order also states that an “expedited process” shall be undertaken to address issues related to the release and temporary suspension of incarceration of felony defendants, including inmates serving less than 18 months and pretrial detainees, who were identified for release by the Department of Public Safety on Aug. 22.
Those exempt from release include anyone convicted of or awaiting trial for felony assault, sexual assault or attempted sexual assault, robbery, burglary, unauthorized entry to a dwelling, domestic abuse, or violating a restraining order, protective order or injunction.
Objections to any release must be filed by Wednesday, and judges must determine whether an inmate should be released by Aug. 31, according to the order, which also outlines a host of conditions that inmate must abide by upon release.
