Ka Wai Ola - Office of Hawaiian Affairs, Volume 29, Number 7, 1 July 2012 — Panel holds first Hawaiian criminal justice summit [ARTICLE+ILLUSTRATION]

Panel holds first Hawaiian criminal justice summit

ByTreenaShapiro Culturally based approaches to rehabilitation are needed to reduce the overrepresentation of Native Hawaiians in the criniinal justice system. That message was expressed eloquently and empathically by numerous speakers during a two-day summit on the disparate treatment of Native Hawaiians at all stages of the justice system. The event was one of several the Native Hawaiian Iustice Task Force will hold across the state to infonn the reconunendations they must submit to the state Legislature in December. Retired Judge Miehael Broderick, ehainnan of the task force, emphasizes that the panel has yet to reach any conclusions - and will not do so until hearing from a broader segment of the coimnunity. During the June 7 and 8 summit at the state Capitol, "We heard that the approach has to be multipronged," Broderick said. "It can't focus on one area at the exclusion of all the others." Broderick said one of the themes

that emerged for him is that the current situation can't be considered without also looking at the historical context. A related theme was the need to treat the trauma that causes so many Native Hawaiians to enter the justice system in the first plaee. Some of this trauma is historical - Native Hawaiians have had to eope with the loss of their language and their land, along with a disconnection from their culture. Many speakers at the sunmiit drew connections between that history and current problems including physical abuse, sexual abuse and neglect. "Many Hawaiians are deeply, deeply hurting because of history, and to try to separate the history from the current situation would be a disservice to the Hawaiians," Broderick observes. During his tenure as a Family Court judge, Broderick heard more than 10,000 cases dealing with diverse social and criminal problems. The sunimit affinned his conclusion that drug abuse, neglect and homelessness weren't the cause of eiiniinal activity as mueh as a symptom of underlying

trauma. Many speakers focused on the phght of Native Hawaiians incarcerated in mainland prisons. Roughly 1,800 of Hawai'i's 6,000 imnates are housed out-of-state. "Every single person who spoke about the issue of mainland prisoners was crystal clear that we have to return them to Hawai'i. There was not one person who said anything to suggest we should keep them where they are," Broderick said. The task force was created after the Office of Hawaiian Affairs released a report on The Disparate Treatment of Native Hawaiiam in the Critninal Justice System. The report revealed that a disproportionate nmnber of Hawaiians are incarcerated in Hawai'i and on the mainland. While there's no single explanation for the disparity, the statistics in the 2010 report are indisputable: Native Hawaiians represent 24 percent of the state's popuMon and 40 percent of its prison popuMon. Native Hawaiian children represent 50 percent of the juvenile detention system.

In response to the report, the state Legislatme in 2011 followed OHA's reconmiendation to fonn a task force to explore ways to eliminate the disparity. The nine task force members represent agency stakeholders in the justice community. The report notes disparities across the system - from arrest to parole. It states that Native Hawaiians found guilty of a crime are more likely than other groups to receive prison sentences. On average they also receive longerprison and probation tenns than other racial and ethic groups. "What we heard is that we're dou-bly-punishing people. We're giving them the first punishment, whieh everyone gets, whieh is prison," Broderick said. "But then if you take a Native Hawaiian and you move hini to the mainland, you're doubly-punishing people because they can't have any visits from their family and they're in a totally alien plaee and one they have

no reMonship with." Speaking as an individual, Broderiek expects that recommendations may include alternatives to incarceration, tramna-based care and unconsciousbias training across the eiiminal justice system. Andre Perez, of Pōhaku o Kāne, addressed the need to support cultural approaches for rehabihtation of Native Hawaiians incarcerated on the mainland. The grassroots organization he leads has visited prisons in Mississippi and Minnesota and helped prisoners reconnect with their Hawaiianness. "The Hawaiian euhme proved to be very powerful in breaking down gang barriers and bridging Hawaiians together," Perez said. He says that more resomces are needed to strengthen this connection. Perez also advocates for freedom of religion in the prisons, suggesting that it could be part of the state's contract with mainMd facilities. "Prisoners are struggling against the administration to engage in traditional religious practices," he said. Task force member Kamana'opono Crabbe, OHA' s chief executive officer, closed the summit, thanking all who eame forward to provide recommendations on how to address the tragic incarceration of Native Hawaiians. "It's om responsibility to carry this upon om shoulders and act boldly with om reconmiendations and to proceed forward so that your voice is heard and that we craft om report very carefully," he told those who attended the smnmit. He warns that the task force recommendations won't be out for months, but with continued perseverance from stakeholders: "We bring hope to om coimnunity. We bring hope to our families. We bring hope to most of om hanauna, the ... generation who we give a ehanee to." ■ Treena Shapiro is afortner reporter for the Honolulu Star-Bulletin and Honolulu Advertiser.

UPCQMING SUMMITS

Here is the schedule for upcoming Neighbor lsland summits. lnformation on a Moloka'i/Lāna'i summit will be announced. Please see www. oha.org for updates orcall (808) 594-0285. > Kona - Saturday, July 7, 9 a.m. to 3 p.m., West Hawai'i Civic Center, Building G, 74-5044 Ane Keohokalole Highway > Hilo - Saturday, July 14, 10 a.m. to 5 p.m., Department of Education Annex, 450 Waiānuenue Ave. > Maui — Saturday, July 21, 9 a.m. to 3 p.m., University of Hawai'i-Maui College, 310 W. Ka'ahumanu Ave., Kahului > Kaua'i - Friday, Aug. 3, 10 a.m. to 7 p.m. Kaua'i Community College, 3-1901 Kaumuali'i Highway, Lihu'e

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Task force members Martha Torney, Department of Puhlie Safety deputy director for administration, left, Jack īonaki, State of Hawai'i puhlie defender, and Cheryl Marlow, state Judiciary Adult Client Services Branch administrator, at the June summit. - Photo: 0HA Communications