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Mobilize with us: Hawaii Correctional System Oversight Commission (September 2023)

Tue, 19 Sep 2023 02:47:45 +0100

We mobilize to the monthly Hawaii Correctional Systems Oversight Commission (HCSOC, or "the Commission") meetings in order to advance our goals and provide public input and testimony. Faith Pods, kupuna releases, more Pu’uhonuas not new prisons or jails—these are our aloa to genuine security and healthy collective future. We support plans for a future that recognizes and increases the dignity and health of our incarcerated ‘ohana.

Join us each month at HCSOC. Information on the HCSOC meeting and how to join, below.

Ohana Ho’opakele goals:

1) Bring our kūpuna home from prison; support increased compassionate release and sentencing reforms (such as eliminating mandatory minimum sentences) that facilitate release of kūpuna from Hawaii prisons and jails.

2) Implement Faith Pods based on kapu aloha

3) Implement Act 117 and open one Pu'uhonua

Why now?

Hawaii is in a state of urgent crisis in its prison and jail system. In Hawaii’s prisons and jails, there are intersecting crises of high rates of Covid-19, crowding (populations over-capacity of facility design, also called “overcrowding”), and lack of adequate emergency preparedness plans and conditions. Crowding stems from a number of causes, including a classification system which is far too punitive, extensive use of pretrial detention, harsh sentences and long mandatory minimums (an obstacle for compassionate release for kupuna), a dysfunctional re-entry system, punitive release conditions, and the reliance on imprisonment to address what are actually social, economic and political problems. The high rates of Covid-19 inside are compounded with the vulnerable kupuna population, described above in social inequity.

The crisis is even acknowledged on a state level through the creation of the Hawaii Correctional Oversight Commission (HCSOC) in 2019 (which became staffed and functional in 2022-2023). Source: https://www.civilbeat.org/2022/04/hawaiis-prison-oversight-commission-finally-gets-a-staffer-3-years-later/

HCSOC UPCOMING MEETINGS

Thursday, September 21, 2023 – Monthly Commission Meeting

Department of Labor and Industrial Relations (DLIR)
830 Punchbowl Street, Room 310
Honolulu, Hawaiʻi 96813
Time: 9:00 a.m. – 12:00 p.m.

· Agenda (link)

· September Oversight Coordinator Report (coming soon)

Teleconference:
Zoom
https://zoom.us/j/96411096050
Meeting ID: 964 1109 6050

Website updates

Tue, 19 Sep 2023 02:15:34 +0100

Aloha, we are currently in the process of updating our website. Please stay tuned for more information. Mahalo for your patience.

Sign petition to transfer Van Keoki Kahumoku to Kulani!

Sun, 11 Dec 2016 08:03:10 +0100

Please take a minute to sign this petition to transfer Van Keoki Kahumolu to Kulani Correctional Facility on Hawaii Island to help him heal and have friends be able to visit him!
To sign online, go to

https://www.change.org/p/mr-nolan-espinda-transfer-van-keoki-kahumoku-to-kulani-correctional-facility-so-he-can-heal?recruiter=327895&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive

We appreciate this!

Help him have a great Christmas present!

Aloha,

Ronald Fujiyoshi

For Ohana Ho`opakele

Is There an Uneven Administration of Justice for Native Hawaiians in Hawai`i?

Sat, 17 Oct 2015 00:14:12 +0100

Ohana Ho`opakele statement on SB3119, Pu`uhonua for Kulani

Wed, 05 Feb 2014 09:14:54 +0100

SENATE COMMITTEE ON PUBLIC SAFETY, INTERGOVERNMENTAL AND MILITARY AFFAIRS

Senator Will Espero, Chair

Senator Rosalyn H. Baker, Vice Chair

Tuesday, February 4, 2014

3:45 pm

State Capitol, Conference Room 224

SUPPORT SB3119

RELATING TO KULANI CORRECTIONAL FACILITY

Appropriates out of the general revenues of the State of Hawaii the sum of $20,520,000 or so much thereof as may be necessary for fiscal year 20140-2015 for correctional rehabilitative programs authorized by Act 117, Session Laws of Hawaii 2012.

Aloha Senator Espero, Senator Baker and members of the Committee on Public Safety, Intergovernmental and Military Affairs. I am Palikapu Dedman, President of Ohana Ho`opakele, an organization dedicated to rescuing our pa`ahao in prison. Our vision over the past fourteen years has been to build a Pu`uhonua or Wellness Center that heals rather than punishes. We have distributed to you a packet that includes 1) Act 117 that you helped pass two years ago and was signed into law by Governor Abercrombie on June 15, 2012, 2) our Kahea statement signed by 1894 people, many who are cultural practitioners, religious leaders, pa`ahao themselves, lawyers and politicians like yourselves, 3) a condensed version of our Power Point presentation on the Pu`uhonua, and 4) “Is There an Uneven Administration of Justice for Native Hawaiians in Hawai`i?” A Report of the Hawai`i Advisory Committee to the United States Commission on Civil Rights.

The crucial wording included in Act 117, that this bill SB 3119 is to fund are:

The department of public safety, in cooperation with Ohana Ho'opakele and other restorative justice groups, is directed to prepare a plan for the creation of a pu'uhonua, or wellness center, on lands owned or controlled by the State. The public land development corporation shall assist in determining an appropriate site for the center; provided that the site formerly used as the Kulani correctional facility on the island of Hawaii shall be given preference, unless another site will provide a greater possibility of success. [Underline ours]

On February 15, 2012 Treena Shapiro wrote a story for the Associated Press when Act 117 was still a Senate bill (SB3016). Do you know that eighty-two (82) media reports were carried in thirty-seven (37) different states in the U.S. plus Washington, D.C.? Why did so many different states cover an article of a Pu`uhonua or a Wellness Center? It was because all of these states know that prisons are not working! All eyes are upon Hawai`i to show a model that works at healing pa`ahao. Pass this bill to show that Hawai`i can be this model!

Unfortunately, the Department of Public Safety has not worked in cooperation with Ohana Ho`opakele and went ahead to bring back a minimum security prison at the Kulani site.

Ohana Ho`opakele supports this bill SB 3119 because it is having the State legislature, which passed Act 117 unanimously except for one single opposing vote in 2012, regain the leadership in funding Act 117 to implement a Pu`uhonua, not a prison.

A lot has happened within the two years since Act 117 became law and now. The Department of Public Safety together with the Office of Hawaiian Affairs sponsored a two-day Pu`uhonua Summit on Nov. 2-3, 2012. There was some confusion on whether a Pu`uhonua could be built within a prison. Our advisor Richard Paglinawan finally said, “A prison is built as a place of punishment; a Pu`uhonua was a place of healing. A Pu`uhonua cannot be placed within a prison.” We thought it was clear, but it takes time for clarity to sink in.

You can see from our condensed Power Point presentation on the Pu`uhonua that much work and thought has been put into the development of a Pu`uhonua curriculum. Our advisors Richard and Lynette Paglinawan have been working for years to develop a model of Ho`oponopono training and together we have worked with the Department of Public Safety staff at Hale Nani in Hilo to implement how the program can work.

We have invited Dr. RaeDeen Karasuda, who received her PhD in political science by writing The Colonial Carceral and Prison Politics in Hawai`i to Hilo and heard her speak of her curriculum that she developed and tested on ex-women pa`ahao.

We want to thank Hawaiian businesswoman and curriculum writer Gaylene Chang Nikora for meeting with us three times and crunching the budget you have in your bill. We also thank Senator Brickwood Galuteria for submitting this bill before the deadline.

Ohana Ho`opakele wants to urge you to pass this bill. It funds Act 117 which mandated the Department of Public Safety to implement a Pu`uhonua at Kulani. The Department of Public Safety ignored Act 117 and moved to bring back a prison at Kulani. Ohana Ho`opakele had to file a Complaint for Declaratory and Injunctive Relief against the department as the only means to stop the prison and force them to abide by Act 117. Although the Department of Public Safety has been adequately funded by the State legislature and does not need any funds to implement a Pu`uhonua at Kulani, this bill will help pressure them to do what they were supposed to do all along.

Ohana Ho’opakele requests that you amend this bill by naming the bill: Relating to a Pu`uhonua at Kulani. We also think that in the implementation of the bill, the exact amount and categories may change. Our opinion is that $7 million is adequate for 200 pa`ahao chosen from those who have one year left on their prison sentence who have been screened for their seriousness to enter a Pu`uhonua. The amount quoted by the Department of Public Safety that is the cost of incarcerating a pa`ahao at Saguaro prison in Eloy, AZ is $35,000 a year. 200 X $35,000 = $7 million. We think the Department of Public Safety already has these funds and this is the amount that we believe is adequate for funding one year of a Pu`uhonua at the existing facility at Kulani.

Thank you for the opportunity to testify!

Ohana Ho`opakele Statement on Kulani Draft Environmental Assessment

Sat, 02 Mar 2013 21:04:18 +0100

Ohana Ho`opakele Final Statement on Draft Environmental Assessment

on Reactivation of Kulani Correctional Facility, February 5, 2013

Ohana Ho`opakele finds the Draft Environmental Assessment, “Reactivation of Kulani Correctional Facility: District of South Hilo, Island of Hawai’i” of November 9, 2012 grossly inadequate. The Final Environmental Assessment should include the following laws and documents which have legal ramifications on the land and facility being assessed:

1. An Act Relating to the Lands of His Majesty The King and of the Government, 1848 (The Mahele)

2. “A Brief History of Land Titles in the Hawaiian Kingdom” W.D. Alexander, Superintendent of Government Survey, 1891

3. US Public Law 103-150, November 23, 1993

4. “Protest and Demand of the Prolonged Occupation of the Hawaiian Kingdom” Deposited with the President of the United Nations General Assembly pursuant to Article 35(2) of the United Nations Charter on 10 August 2012

5. The Hawaii Constitution, Article XI, Section 1

6. The Hawaii Constitution, Article XII, Section 7

7. Act 117 Relating to Public Safety, signed June 15, 2012 by Governor Abercrombie

8. Game Management Advisory Commission, Hawai`i County Charter

9. “To Reestablish the Puuhonua” a resolution passed by the Hawaii State Democrat Party at their 2012 State Convention

10. Vote of the Hawaiian Affairs Caucus of the Democratic Party of Hawaii, January 14, 2013 supporting the concept of a Hawaiians only Pu`uhonua

11. Department of Public Safety Report to the 2013 Legislature, “Act 117: Wellness Center that Reestablishes Native Hawaiian Cultural Practices”, November 2012

12. Ohana Ho`opakele Kahea with a total of 1128 signers

13. The Disparate Treatment of Native Hawaiians in the Criminal Justice System, 2010, Office of Hawaiian Affairs

14. The Native Hawaiian Justice Task Force Report

15. Marilyn Brown & Sarah Marusek, “`Ohana Ho`opakele: The Politics of Place in Corrective Environments” International Journal for the Semiotics of Law, Vol. 25, No. 4, 2012

16. “Is There an Uneven Administration of Justice for Native Hawaiians in Hawai`i?” A Report of the Hawai`i Advisory Committee to the United States Commission on Civil Rights, September 2011

Content that should be included in the final Environmental Assessment:

1. Tax Map Key (3) 2-4-008:009 is originally “Crown Lands.” Under the Mahele Laws of the Hawaiian Kingdom the Waiakea Ahupuaa in Hilo district and the Olaa Ahupuaa in Puna District were designated as Crown Lands. (“Crown, Government and Fort Lands, Enumerated. L. 1848, p. 22; C. C., p. 374, “An Act Relating to the Lands of His Majesty The King and of the Government.”

2. Explanation of “Crown Lands” is found in “A Brief History of Land Titles in the Hawaiian Kingdom” by W.D. Alexander, Superintendent of Government Survey, 1891. In a section “Crown Lands” are the following:

“The term “Crown Lands” is here applied to those lands reserved by Kamehameha III., March 8, 1848 “for himself, his successors forever,” as his private property. . . . “At the death of Kamehameha IV., it was decided by the Supreme Court that under the above mentioned instrument executed by Kamehameha III, reserving the Crown Lands, and under the confirmatory Act of June 7^th, 1848, “the inheritance is limited to the successors to the throne,” “the wearers of the crown which the conqueror had won,” and that at the same time “each successive possessor may regulate and dispose of the same according to his will and pleasure as private property, in like manner as was done by Kamehameha III.” (Hawaiian Reports, Vol. II., p. 725.) Afterwards an Act was passed January 3, 1865, “relieve the Royal Domain from encumbrances and to render the same inalienable.” This Act provided for the redemption of the mortgages on the estate, and enacted that the remaining lands are to be “henceforth inalienable and shall descend to the heirs and successors of the Hawaiian Crown forever,” and that “it shall not be lawful hereafter to lease said lands for any terms of years to exceed thirty.”

3. The Mahele, in a section “Principles Adopted by the Board of Commissioners to Quiet Land Titles in Their Adjudication of Claims Presented to Them” clearly established the rights of tenants to the land. It established, “that there are but three classes of persons having vested rights in the land,--1^st, the government, 2^nd, the landlord, and 3^rd, the tenant,”

4. US Public Law 103-150, November 23, 1993 which admits to the illegal overthrow of the Kingdom of Hawaii on January 17, 1893, includes the following:

“Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government; …

“Whereas, the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum; ….”

5. Melody MacKenzie, associate professor at the William S. Richardson School of Law and director of Ka Huli Ao Center for Excellence in Native Hawaiian Law, in an essay, “The Value of Hawaii: Law and the Courts by Melody Kapilialoha MacKenzie” discussing the interpretation of the 1993 Apology Resolution wrote:

“Congress specifically recognized that the Government and Crown Lands were taken without the consent of or compensation to the Native Hawaiian people or their sovereign government, and that “the indigenous Hawaiian people never directly relinquished their claims . . . over their national lands to the United States.”

And, in discussing a 2008 unanimous opinion by Chief Justice Ronald Moon, writes the Hawaii Supreme Court found it significant that:

“Congress the Hawaii state legislature, the parties, and the trial court all recognize (1) the cultural importance of the land to native Hawaiians, (2) that the ceded lands were illegally taken from the native Hawaiian monarchy, (3) that future reconciliation between the state and the native Hawaiian people is contemplated, and (4) once any ceded lands are alienated from the public land trust, they will be gone forever.
Notably, in placing a permanent moratorium on land sales, the Court recognized that the trust lands or aina hold unique, cultural, spiritual, and political significance for the Native Hawaiian people—they are not fungible or replaceable:

“Aina is a living and vital part of the [n]ative Hawaiian cosmology, and is irreplaceable. The natural elements—land, air, water, ocean—are interconnected and interdependent. To [n]ative Hawaiians, land is not a commodity; it is the foundation of their cultural and spiritual identity as Hawaiians. The aina is part of their ohana, and they care for it as they do for other members of their families. For them, the land and the natural environment [are] alive, respected, treasured praised, and even worshiped.”

6. Dr. David Keanu Sai, Ph.D. submitted a Protest and Demand of the prolonged occupation of the Hawaiian Kingdom that was deposited with the President of the United Nations General Assembly pursuant to Article 35(2) of the United Nations Charter on 10 August 2012. This document provides proof of the illegality, under International Law, of the United States of America exercising its authority on the territory of the Hawaiian Kingdom. This document questions the legality of the Executive Orders that appropriated the “Crown Lands” of the Hawaiian Kingdom into the “Kulani Prison Farms” or “Kulani Honor Camp.”

7. Although the DEA identifies that “Kulani CF was founded as a work camp under Governor’s Executive Order (EO) Nos. 1225 and 1558, setting aside approximately 7,244 acres,” it does not acknowledge that this land was originally (and still is under Hawaiian Kingdom laws) “Crown Lands.” The DEA does not cite the original Governor’s Proclamations that supposedly took the lands from “Crown Lands” into “Forrest Reserves” (Governor’s Proclamation dated October 13, 1913, withdrawing 51,800 acres from “Government lands” to form the Upper Waiakea Forest Reserve and 9,280 acres from “Government lands” to form the Upper Olaa Forest Reserve. Governor’s Proclamation dated December 31, 1918 (C.S.F. 326) withdrawing 20,030 acres from “Government lands” to form the Olaa Forest Reserve; and Governor’s Proclamation dated January 3, 1923 (C.S.F. 3876) modifying 62,862 acres to form the Upper Waiakea Forest Reserve).

8. The Tax Map identifies the portion of land identified in this DEA as “State of Hawaii (Dept. of Social Services) 7244.27 Ac. Exec. Ord. 1224 & 1588 Kulani Honor Camp.” What was the original vision of the Department of Social Services in naming this project as “Kulani Honor Camp”? That vision should help in defining the purpose of this project.

9. The Hawaii State Constitution contains wording that should assist in defining the scope of this project.

Article XII Hawaiian Affairs

Traditional and Customary Rights

Section 7. The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupuaa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.”

Mr. Moses Haia, Executive Director of the Native Hawaiian Legal Corporation (NHLC) in written testimony before the Senate Ways and Means Committee, Friday, April 1, 2011, wrote:

“Section 1 of Article XI of the Hawaii Constitution recognizes the application of the public trust doctrine to all of Hawaii’s resources including land and requires that the State protect all such resources for the benefit of its people. (and)

“Article XII, section 7 of the Hawaii Constitution recognizes the importance of such rights by placing an affirmative duty on the State and its agencies to preserve and protect traditional and customary native Hawaiian rights and confers upon the State and its agencies a solemn duty to protect these rights and prevent any interference with the exercise of these rights.”

10. Act 117 Relating to Public Safety was signed into law on June 15, 2012 by Neil Abercrombie, Governor, State of Hawaii. The purpose of the Act is:

“The legislature finds that a pu`uhonua, or wellness center, based on Hawaiian cultural practices will help the native Hawaiian community and the community at-large. Unquestionably, many high-risk persons need to be cared for in a much more sensitive intervention program that will address solutions that will alleviate their problems. The greatest potential to stem the tide of this horrific situation lies in the creation of a pu`uhonua comprising a culturally-based substance abuse treatment and intervention program that takes a holistic approach based upon cultural identity and strength to get to the core of substance abuse. The cultural practices of pule, ho`oponopono, aloha `aina, mahi`ai, la`au lapa`au, and aloha will help create a sensitive setting. These cultural practices have been successful in the past, possessing the optimal potential to heal an individual. A culturally-based pu`uhonua will restore and maintain a better atmosphere and relationship between family, friends, community, and society.

The legislature further finds that the site formerly used as the Kulani correctional facility in east Hawaii would be an ideal site for such a wellness center. It is a place of deep spirituality for the Hawaiian people and, pragmatically, it has the infrastructure and historical precedent for use in sustainable living.”

SECTION 2. The department of public safety, in cooperation with Ohana Ho`opakele and other restorative justice groups, is directed to prepare a plan for the creation of a pu`uhonua, or wellness center, on lands owned or controlled by the State. The public land development corporation shall assist in determining an appropriate site for the center; provided that the site formerly used as the Kulani correctional facility on the island of Hawaii shall be given preference, unless another site will provide a greater possibility of success.

The department of public safety shall submit a report to the legislature on its plan, findings, and recommendations, including the factors used in determining site selection, and any budget requests necessary to achieve the purposes of this Act, no later than twenty days prior to the convening of the regular session of 2013.”

Section 3 of this Act allows pa`ahao (incarcerated persons) to participate in a work release pilot program on the island of Hawaii. This allows pa`ahao to assist in the building of the infrastructure of a pu`uhonua that moves toward self-sufficiency and lowering the cost of incarceration.

11. No public hearings were held prior to the closing of the Kulani Correctional Facility by then governor Linda Lingle.

12. The Department of Public Safety Report to the Legislature, Act 117 “Wellness Center that Reestablishes Native Hawaiian Cultural Practices”, dated November 2012 was submitted to the governor without prior review by Ohana Ho`opakele. This report should be part of the Final Environmental Assessment.

13. “Why is Kulani the best site for the Pu`uhonua?” (And no other site will provide a greater possibility of success) was prepared by Ohana Ho`opakele and shared widely. It consists of ten points:

1) The site lends itself to the spiritual component of a Pu`uhonua necessary for success. The name “Kulani” means, “Stand to Heaven.” This land is originally “Crown Lands” [TMK (3) 2-4-008-009] which should be used for the rehabilitation of Hawaiians. Ola`a Ahupua`a, located within this area was a sacred forest. No problem with community acceptance since the site has already been used for a minimum security prison. The Kulani site is an immersion with the land. The atmosphere is restorative and healing, a place ideal for balancing spiritual, mental, physical, where people can find themselves and reconnect with the land and culture.

2) Kulani would save the state money and be the most cost-effective site. Warden Peter McDonald submitted a report to the DLNR indicating that Kulani saved the State of Hawaii a minimum of $200,000 per year over a twelve-year period. In addition, Pa`ahao at Kulani have helped control invasive species.

3) Ohana Ho`opakele has already completed with the assistance of Ms. Chelle Shand (now Pahinui) a Feasibility Study of a Pu`uhonua which incorporates and spells out the Hawaiian cultural values that will be used.

4) Ohana Ho`opakele has with the assistance of Kumu Richard and Lynette Paglinawan did a series of Ho`oponopono training workshops that have trained more than ninety (90) people in leading Ho`oponopono sessions and has continued these training sessions.

5) Ohana Ho`opakele has since 2004 helped to lead the opening and closing of Makahiki ceremonies at Diamondback Correctional Facility in Watonga, OK, Red Rock Correctional Facility and Saguaro Correctional Center both in Eloy, AZ.

6) Ohana Ho`opakele has accumulated top personnel ready to create and train personnel for a Pu`uhonua. (See the members of its Board of Directors, Advisors Uncle Joe Tassill and Dante Carpenter, Mr. Tetsuya “Grizzly” Yamada who worked for the University of Hawaii Experiment Station as a Ranch Manager providing Kulani with 26,000 pounds of meat annually, a Think Tank of twenty (20) that participated in a Brainstorming session led by Mr. Stephen Morse, and a Kahea list of over 1125 people including cultural practitioners, University professors, Social Workers, Religious leaders, lawyers, Pa`ahao and Mayor Billy Kenoi.

7) The past experience at Kulani Prison Farm is the closest to what is needed in a Pu`uhonua: raising of 300 pigs, 200 cattle, woodwork facilities, motor vehicle repair shop, gym with body-building equipment, educational center and computer center, raising of agricultural products: cultivation fruits and vegetables, planting and managing koa forests, caring for endangered species of plants, gathering of maile, etc. Kitchen, living-sleeping, and other facilities are already there and ready to go.

8) The water resources are adequate: recently new pipes were put in from the reservoir reclaiming 1/3 water loss, the reservoir is now covered to prevent evaporation, new science can convert mist into water, and an underground water source at Kulani can be tapped.

9) Funding possibilities are best for beginning a model Pu`uhonua to house Hawaiians (and hanai family members) by challenging Hawaiian trusts and Hawaiian organizations to provide long-term funding and future land sites for other Pu`uhonua.

10) The best chance of building a financial resource for Pa`ahao by constructing solar panels for sale to County of Hawaii and the state.

14. Warden Peter McDonald presented a paper “Kulani Correctional Facility Community Service Cost Savings” for the years from 1997 through June 2009 which saved the State of Hawaii $2,267,387.91. This total does not include the savings to the State of Hawaii from the woodwork produced at KCFG, the repairs to transport vehicles, picking of maile leis, raising of cattle and pigs, and the growing of vegetables.

15. Proposal No. 6: Establishing a Game Management Advisory Commission was placed on the November 2012 election ballot and passed. The definition of the Game Management Advisory Commission:

“For the benefit of present and future generations, the game management advisory commission shall advise County, State and Federal agencies on matters related to the preservation of subsistence hunting and fishing, as well as protecting traditional and cultural gathering rights. The commission may also advise County, State, and Federal agencies on any matter affecting the taking and conservation of aquatic life and wildlife including proposed rules, and shall communicate its finding and recommendations to these agencies. The commission shall promulgate recommendations that conserve and protect the natural and cultural resources of Hawai`i in furtherance of the self-sufficiency and long-term subsistence sustainability of aquatic life and wildlife in the County.”

16. The Hawaii State Democrat Party at their 2012 State Convention passed, “To Reestablish the Puuhonua”:

WHEREAS, the Hawaiian Culture had a system of protecting all levels of life, man, animal, and environment; and

WHEREAS, this system consist of rules and regulations (kanawai) law that governed their way of life; and

WHEREAS, this system was call (KAPU) taboo, forbidden; and

WHEREAS, if a law was broken the penalty could be anywhere from a mere forgiveness to a severe life sentence with many penalties in between; and

WHEREAS, the Cultural did have a place to go to if one needed refuge, a city of refuge; and

WHEREAS, the name of this place was called a Puuhonua or the place of refuge: and

WHEREAS, if an individual did break a KAPU and made it safely to the Puuhonua he or she was protected by the KAHU, in this case KAHUNA, or keeper of the secret, forgiven, healed and prepared the offender for re-entry into the community; and

WHEREAS, the individual could return to live without fear of retaliation from anyone in the community: therefore

BE IT RESOLVED, that the Hawaii State Democrat Party at their 2012 State Convention, that the Hawaiian Affairs Committee, take up the issue of reestablishing the practice of rehabilitation and healing within a Puuhonua setting; and

BE IT FURTHER RESOLVED, that the Hawaiian Affairs Committee of the Hawaii State Democrat Party work with the State of Hawaii task force addressing the Puuhonua concept which is charged with developing the rehabilitation and healing program within a Puuhonua setting; and

BE IT FURTHER RESOLVED, that the Hawaiian Affairs Committee, of the Hawaii State Democrat Party submit a report of their findings with their recommendation to the Hawaii State Democrat Party, Board of Directors, prior to the convening of the Hawaii State Legislative session of 2013, and

BE IT FURTHER RESOLVED, that the Hawaii State Democrat Party send letters of support to the appropriate committees and legislators; and

BE IT FURTHER RESOLVED, that the Hawaii State Democrat Party, also encourage members to present written and, or, oral testimony when possible to the appropriate committees and legislators, and

BE IT FURTHER RESOLVED, that certified copies of this resolution be transmitted to the Hawaii State Democrat Party Board of Directors: and

BE IT FURTHER RESOLVED, that certified copies of this resolution be made available upon request to all members of the Hawaii State Democrat Party.

17. The Hawaiian Affairs Caucus of The Democratic Party of Hawaii, at their General Membership meeting on Monday, January 14, 2013, voted unanimously “to support the concept of a Hawaiians Only Pu`uhonua.” Ohana Ho`opakele was invited to share our concept of a Pu`uhonua to about thirty people. Fifteen of the voting members of the caucus voted unanimously to support the Hawaiians Only Pu`uhonua.

18. Wording of the Ohana Ho`opakele Kahea, which to date 1133 people have signed on: (Please see the names and organizations of the signers at www.ohanahoopakele.org)

Kahea (Call) to Support Pu`uhonua as an Alternative to Prison

We support the mission of `Ohana Ho`opakele (To Rescue the Family) in establishing Pu`uhonua (decentralized wellness centers—residential and non-residential) on all islands as an alternative to building more prisons. Pu`uhonua are places open to all, not just Kanaka Maoli, where traditional ho`oponopono process of making right will be used to help heal individuals, families and communities. We believe Pu`uhonua centers are for the good of all Hawai`i’s people and can provide real hope in saving money reducing recidivism, crime prevention, and long-term positive change.

19. In the “Summary of the Pu`uhonua Summit Discussions”, November 2-3, 2012, Mr. Palikapu Dedman is quoted, “Alter the environment of the Hawaiian and you alter the Hawaiian.” (P. 2). The environment of the Hawaiian has been radically altered by the arrival of foreigners to its shores and especially by the presence of the United States of American through its military force and imposition of its laws forming the Territory of Hawaii and the State of Hawaii. The best short-term solution to heal pa`ahao is through the positive development of a model Pu`uhonua at the site of the previous Kulani Honor Camp.

20. The Native Hawaiian Justice Task Force Report, in its Key Findings, under “The disproportionate representation of Native Hawaiians in the criminal justice system” writes:

“The general perception in the Native Hawaiian community is that the criminal justice system is broken. There has been ongoing, tremendous frustration in the Native Hawaiian community regarding the disproportionate representation of Native Hawaiians in the criminal justice system.” (P. 8)

Among its Key Recommendations, under “Restorative justice practices and their application to Native Hawaiians” is:

“The State should recognize and support community and grassroots efforts that promote indigenous cultural practice models demonstrated to be successful in Hawai`i or elsewhere.”

21. Marilyn Brown & Sarah Marusek, in “`Ohana Ho`opakele: The Politics of Place in Corrective Environments” discussed the Office of Hawaiian Affairs 2010 report:

“At virtually every decision point in the system, the report notes, racial disparities continue to mount so that the indigenous people of Hawai`i, who make up roughly 24 percent of the adult population, comprise 39 percent of the State’s prisoners.” In a footnote on this sentence is added, “Keahiolalo-Karasuda argues that the current proportion of Native Hawaiians in prison is far above that acknowledged by the Department of Public Safety.” (Quoting from Keahiolalo-Karasuda, R. 2008. The colonial carceral and prison politics in Hawai`i. Honolulu: University of Hawai`i at Manoa.)

22. Marilyn Brown & Sarah Marusek summarize:

“`Ohana Ho`opakele’s aim of re-creating Kulani as a modern day pu`uhonua is an investment in the local community and the locally indigenous population for which land is of utmost significance. The State’s support, as enacted in the 2012 legislation, for their initiative westernizes this approach as a cost-efficient alternative to the modern day regime of imprisonment. However, the hoped-for restorative space of the pu`uhonua (sic) will be negotiated with a State that has already subordinated rehabilitation to the goals of security and cost-effectiveness. The State’s history of privatization of facilities and the removal and banishment of prisoners from their home lands means that this transition to restorative justice will not be an easy one. Yet, in light of Hawai`i’s history, the pu`uhonua remains particularly salient as a spatially-relevant construction that offers rehabilitation and renewal and as an alternative to an otherwise removal-based system of imprisonment.”

23. “By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states and the District of Columbia.” The Hawai`i Advisory Committee to the United States Commission on Civil Rights in its “Is There an Uneven Administration of Justice for Native Hawaiians in Hawai`i?” report finds: “Native Hawaiians are disparately impacted by the state’s criminal justice system. Though they are approximately 20 percent of Hawai`i’s population, Native Hawaiians comprise more than 40 percent of the state’s prison population.” The State of Hawaii has known of this disparity for years. Now, a valid alternative, passed into law, is offered to change this violation of the civil rights of Native Hawaiians. The final Enviromental Assessment on the Reactivation of the Kulani Correctional Facility should propose a Hawaiians only Pu`uhonua.

CONCLUSION: Ohana Ho`opakele strongly urges the Proposed Action to read:

The Department of Public Safety, State of Hawai`i (PSD) together with Ohana Ho`opakele and other restorative justice groups, proposes to reactivate (reopen) developed portions of the 280-acre Kulani Correctional Facility closed in 2009, and develop it as a model Pu`uhonua for Hawaiians only to accommodate approximately 200 inmates.

If the final Environmental Assessment is not willing to accept this change, Ohana Ho`opakele concludes that the Draft Environmental Assessment is woefully inadequate and requests an Environmental Impact Statement be done. If this is not done, Ohana Ho`opakele requests a Contested Case Hearing be held on this land and project. If the Final Environmental Assessment on the Reactivation of the Kulani Correctional Facility does not accept our proposed changes to the draft Environmental Assessment, Ohana Ho`opakele will file a complaint with the United States Commission on Civil Rights on the violation of the civil rights of Native Hawaiians by the State of Hawai`i’s Department of Public Safety within its criminal justice system.

Samuel Kaleleiki, Jr., President

Ohana Ho`opakele

P.O. Box 5530

Hilo, HI 96720

Email: ohanahoopakele@gmail.com

Tel: 808-937-7193

Puuhonua, a poem by Uncle Joe Tassill

Sun, 06 May 2012 01:47:38 +0100

PUUHONUA

By Renwick Valentine Ili Ilipuna “Uncle Joe” Tassill

when ever you did wrong

cause you couldn't get along

there was a place to go

Puuhonua

when things weren't going your way

and you knew you could not stay

there was a place to go

Puuhonua

when things with you weren't right

and you had to run take flight

there was a place to go

Puuhonua

from the mountain to the sea

there was no place to flee

the only place to be

Puuhonua

what ever made you flee

to become a refugee

there was a place to go

Puuhonua

a place to be protected

while you are being corrected

it was the place to be

Puuhonua

and now we stand and pray

as we give thanks today

for showing us the way

Puuhonua

surrounded by the love

of Akua from above

a blessed place to be

Puuhonua

Latest report on Closing Makahiki Ceremony

Thu, 23 Feb 2012 09:22:13 +0100

Aloha Kakou, Ohana Ho'opakele,

Reporting on our visit to the Arizona Na Pa'ahao, February 6 thru 13, 2012:

Again, we are back Kaiana and I from doing the Closing Makahiki Ceremonies at Arizona Saguaro Prison (State of Hawai'i) Eloy, Arizona Feb. 7th thru 9th and at (FCI) Federal Correctional Institution, Safford, Arizona Feb. 10th thru 12th, 2012.

The Kanaka Maoli at Saguaro Prison about 65 involved and dedicated to the Hawaiian Religion and Cultural Programs were outstanding again in performing the rituals for the Closing Makahiki Ceremony. Preparation was same as Opening Ceremony. We brought all the Ho’okupu, ti-leaves and implements for Akua Lono for both prisons.

Feb.7^th met with Assistant Warden Ben Griego then prepared for Ceremony with the Pa’ahao for Wednesday Feb. 8^th.

Feb 8^thWednesday Makahiki Ceremony 6am to 3:30pm.

Feb.9^thThursday met with Pa’ahao and kukakuka, talk session to evaluate Makahiki.

There are 7 Kanaka Maoli at FCI Safford, Arizona. We were asked to come and help them start their Hawaiian Religion and Cultural Program; this was our first visit there. They were taught the Rituals, Protocol, Chants, etc. for the Makahiki Ceremony. They were very interested and learned quickly; it was a productive time with them. We were provided with an area to do our Ceremony and it was a success.

Feb10th Friday, 7-10pm met with Chaplin Carl Johnson from FCI Safford and the Pa’ahao for introduction and preparation for Makahiki Ceremony.

Feb.11^th Saturday Makahiki Ceremony 8am to 3:30pm and back at 7pm to 10pm to evaluate.

Feb.12^th Sunday 7am to 10am. Kukakuka talk session for future plans and our next visit.

Malama,

Hawaiian Cultural and Spiritual Leader,

Kini Palmyra Kaleilani Burke

The Arizona Republic article on the Makahiki

Wed, 23 Nov 2011 09:54:14 +0100

November 23, 2011

Valley & State

Eloy prison's Hawaiian population takes part in harvest ceremony

Nov. 16, 2011 12:00 AM

The Arizona Republic

It was still dark when they began to chant toward the eastern horizon, nearly 100 voices calling to the sun.

"E ala e, ka lai i ka hikina; i ka moana, ka moana hou hounu; pi'i ka lewa, ka lewa nu'u."

"Awake," they say in Hawaiian, "and rise from the ocean into the highest heavens."

Their rhythmic beckoning continues until the sun climbs above the mountains, illuminating the barbed fencing that helps to keep them confined.

The CCA Saguaro Correctional Center in Eloy is home to about 1,840 inmates, most of whom -- 77 percent -- are of Polynesian descent. Under a recently renewed contract, Corrections Corporation of America will continue to house Hawaii Department of Public Safety inmates at Saguaro through 2014.

Eloy's desert landscape couldn't be more different from home, but it's where some inmates are connecting with their cultural roots for the first time.

Last week, two spiritual advisers traveled to Eloy from the islands to oversee ceremonies for the beginning of the Makahiki season of harvest. Ka'iana Haili and Kini Kaleilani Burke, contract workers with Hawaii's DPS, have guided stateside inmate populations in cultural tradition for a decade.

Makahiki celebrates Lono, god of rain and fertility, with offerings and a series of rituals. It is a time of peace and renewal, Haili tells the inmates, a time to "plant the seed of knowledge in yourself."

"A lot of these guys came out of foster homes, a lot of these guys were adjudicated at a young age in youth courts," Haili said. "They're just repeat offenders because they don't know any other lifestyle. This is the beginning of changing them back to what their culture is and what it means to be Hawaiian, to be part of an indigenous group that celebrates nature and celebrates life."

After the sun chant, inmates filed into a recreation room to change into ceremonial clothing of brightly patterned skirt-wraps and kehei, a sheath resembling a toga that wards off bad energy. Leis made of kukui nuts were placed around necks for enlightenment, and bracelets and headbands made of woven ti leaves were worn to keep one's personal power, or mana, intact.

Developing cultural pride and connectivity enhances inmates' rehabilitation and helps to prepare them for a return to society, according to Saguaro warden Todd Thomas.

"Sooner or later, 85 percent of these guys are going home," Thomas said. "We need to get them skills and help them make good, moral-based decisions."

Thomas knows the exposure helps inmates stay out of trouble behind bars. In his previous job as warden of Coffee County Correctional Facility, a medium-security prison in Georgia, Thomas implemented a 360-bed faith-based housing area and began to compare inmates' behavior with that of their counterparts.

Within a year, the faith-based pod had a "65 percent reduction in fights, fussin' the staff, write- ups, discipline reports, across the board," Thomas said. "I thought 'Hey, everywhere I go, I want this.' "

A similar program was under way at Saguaro before Thomas became warden in 2008.

Whether inmates take religious principles with them when they leave is up for debate.

Speaking in the Hawaiian tongue and practicing religious traditions helps inmate Alan Kekahuna, 41, to "feel like I am free, like I am not institutionalized," although he says he needs to stay in prison for now. "I get into trouble in Hawaii," he said.

Kekahuna was released from Saguaro in June 2010 but returned within months for a parole violation. He was originally convicted of burglary and theft, and is set for release in 2013.

His religious belief is strong, he said, but that's not enough.

"Choices and decisions you make outside are what really will keep us out of trouble," Kekahuna said. "It's not about what we do in here that's going to change us. It's choices and decisions that we make on the outside that determine my fate, my destination, my destiny."

Once dressed, the inmates headed back outside to make offerings of coconut, taro, fish, pig, sweet potato, bananas and other items. A counter-clockwise procession followed the outline of a basketball court as if it were an island back home.

"They are prisoners, but they are still our people," Burke said. "We want to make sure that they stick this into their heart and their mind so they can practice, a continuation of knowing who we are and what we're doing."

Latest Makahiki Report of November 2011

Sat, 19 Nov 2011 09:50:20 +0100

Report on the Makahiki Opening Ceremony, Saguaro Prison, Eloy, Arizona, November 7–11, 2011.

Monday: Ka'iana Haili and Kini Kaleilani Burke leave Hilo, Hawaii. Taking with them Kinolau (food) for Lono, ti-leaves, Uala, Kalo, Ulu, Kalua Pua'a, Poi, etc. to partake during the Ceremony. Navigational Material gathered from Imiloa Astrological Center and also from Pu'u nana Leo learning center, 2 Altars made of Kawila and Pohaku and other food items to share with them, Amulets (12) for Aumakua made of koa and koa wood for the prisoners to make more in the Hobby shop.

Arriving at Phoenix: 12 midnight and getting to our motel at 3 am. Tues. morning

Tuesday: 8:30 am leave from Motel to Saguaro Pa’ahao. Have meeting with Warden Thomas and Assistant Warden Greigo about Makahiki and other Issues. Meet with Pa'ahao and prepare for Makahiki Wednesday morning starting at 5:00 am.

Wednesday: Makahiki Opening Ceremony Begins at 6 am with the Chanting "E ala e" of the Sun then the processing (Huaka`i) with Akua Lono (god of peace and harvest) this done in the morning for a few hours. We had lunch provided by the Prison. In the afternoon until 3:00 pm this was time for Pa'ani (games, Hula, singing) and sacred rituals.

The News Media was there for the morning activities only.

Thursday: Saguaro Pa'ahao 8:30 am - 10:30 am meet with Pa'ahao talk about Wednesdays Ceremony. Afternoon 2:00 pm - 3:30 pm Class on Navigation and Stars and showed DVD on Navigator Mau, who helped the Hawaiians in bringing back our navigational skills.

Friday: Head back to Hilo

Mahalo nui,

Spiritual Leader,

Kini Kaleilani Burke