ACLU Hawaiʻi supports public defenders decision to release the incarcerated

In its amicus brief the ACLU of Hawaiʻi argues the court should, at minimum, grant the relief requested by the Public Defender’s Office and order the continued release of low-risk individuals to slow the spread of COVID-19 in prisons and jails, where infection rates have recently skyrocketed. It further argues that in granting such relief the court should declare that present conditions inside Hawaiʻi Department of Public Safety (“DPS”) facilities violate the Hawaiʻi Constitution.

Finally, the ACLU of Hawaiʻi argues that the court can craft the release process in a way that protects—and does not undermine—public safety. 

Citing last year’s study by Lawyers for Equal Justice, the ACLU of Hawaiʻi notes that, as a result of the Supreme Court’s ruling, hundreds of people were released from DPS facilities, mitigating the risk to public health by helping to curb the spread of COVID-19 within and outside of correctional facilities. As noted above, the vast majority of the people released did not commit new crimes. The brief also notes that the court can equip trial court judges with the tools they need to tailor the release process to particular circumstances.