Hawaii's solitary confinement law just changed -- and it hasn't taken effect yet. In July 2025, after more than a decade of advocacy by prison reform organizer Kat Brady and the Community Alliance on Prisons, Governor Josh Green signed SB 104 into law as Act 292. The law restricts the use of restrictive housing (Hawaii's legal term for solitary confinement) in state prisons and contracted correctional facilities. It takes effect July 2026.
Until then, the Hawaii Department of Corrections and Rehabilitation (DCR) operates under its existing administrative policies, which advocates have described as vague, opaque, and inconsistently applied. Prisoners have been placed in restrictive housing without being told why or what steps to take to get out. Hawaii's prison population is small -- about 3,800 people statewide -- but the system had four suspected or confirmed suicides in 2024, the most since 2020. Hawaii also contracts with CoreCivic to house some Hawaii prisoners in mainland facilities, adding a layer of complexity for families trying to stay connected.
What Solitary Confinement Is Called in Hawaii
Hawaii's new law (Act 292, formerly SB 104) uses the term "restrictive housing," which it defines as confining a prisoner to a cell for 20 or more hours per day. This is the statutory definition that will govern DCR practices beginning July 2026.
The DCR has historically used "solitary confinement" and "restricted housing" informally, but the terminology has been inconsistent. Advocates told lawmakers that DCR's use of solitary was opaque -- inmates were placed without clear explanations and without a clear path out. Act 292 is intended to address both the substantive limits and the procedural transparency of restrictive housing use.
What Act 292 Requires
Act 292, signed by Governor Green in July 2025 and effective July 2026, establishes the following requirements for Hawaii's state and contracted correctional facilities:
Permitted only for immediate harm risk: Restrictive housing (20+ hours per day in a cell) is only permitted if the prisoner is reasonably believed to pose a risk of immediate harm to themselves or another person.
24-hour hearing right: Prisoners placed in restrictive housing have the right to a hearing within 24 hours of being committed to solitary.
Access to basic necessities: Prisoners in restrictive housing are guaranteed access to food, water, medical care, and legal counsel.
Release guidelines: The law requires guidelines for how prisoners are released from restrictive housing back to general population.
Review and reporting: DCR must develop policies and procedures to review prisoners placed in restrictive housing. Reporting requirements create a public accountability mechanism that previously did not exist.
The long road to Act 292: Several similar bills had been introduced and failed in prior sessions. Governor Green placed SB 104 on his Intent to Veto list in June 2025, citing DCR's claim that existing policies were sufficient and that the bill would endanger staff. After significant public pressure and advocacy, Green signed it in July 2025 rather than vetoing it.
Who Can Be Placed in Restrictive Housing in Hawaii
Under Act 292 (effective July 2026): Only if the prisoner is reasonably believed to pose a risk of immediate harm to themselves or another person.
Under current DCR policy (until July 2026): DCR has stated that its policies governing restrictive housing comply with National Institute of Corrections (NIC) and American Correctional Association (ACA) standards. The specific criteria, duration limits, and review processes under current DCR policy should be obtained directly from DCR, as the policies have not been comprehensively published for public review. Advocates have identified the opacity of current policies as a central problem.
Current Policy Conditions
Under current DCR policy (the framework that applies until Act 292 takes effect in July 2026): DCR claims compliance with NIC and ACA standards. These national standards generally include:
- Regular review of restrictive housing placement.
- Access to mental health services.
- Minimum out-of-cell time provisions.
- Restrictions on use for particularly vulnerable populations in some cases.
However, advocates and lawmakers have criticized DCR's implementation. The Community Alliance on Prisons documented that prisoners were often placed in restrictive housing without being told why and without a clear pathway to be released. Four suspected or confirmed suicides in Hawaii prisons in 2024 -- the most since 2020 -- raised alarm about conditions statewide, including in restrictive housing.
The Hawaii public defender's office supported reforms and noted that young people under 25 have been of particular concern. Prior legislative action had reduced solitary for incarcerated youth, and SB 104/Act 292 extends protections more broadly.
Hawaii's Geography: Mainland Contracts
Hawaii's prison system faces a logistical challenge unique to this series: Hawaii has historically contracted with CoreCivic to house some Hawaii prisoners in mainland facilities, primarily in Arizona. This separation from family -- sometimes by thousands of miles -- compounds the harm of restrictive housing because visiting is effectively impossible and even phone contact is more difficult and expensive.
Families of Hawaii prisoners housed on the mainland seeking information about restrictive housing conditions face the additional barrier of dealing with a private contractor rather than the state DCR directly.
Post-Act 292 Framework (Effective July 2026)
Once Act 292 takes full effect, the framework will be:
- Restrictive housing permitted only for immediate harm risk.
- 24-hour hearing guaranteed.
- Access to food, water, medical care, and legal counsel guaranteed.
- Clear release guidelines required.
- DCR review policies and public reporting required.
This represents a significant shift from the pre-Act 292 status quo, which had no statutory limits on restrictive housing duration or criteria.
What Families Can Do
If your person is in restrictive housing in a Hawaii state facility or a mainland contracted facility:
Find where your person is housed. DCR provides an offender search at dps.hawaii.gov (Department of Public Safety) or the successor DCR portal. Note whether your person is in a Hawaii state facility or a mainland contracted facility (CoreCivic).
For mainland facilities: If your person is housed at a CoreCivic facility in Arizona or elsewhere, contact CoreCivic directly for that facility's policies on restrictive housing, visiting, and communication. Contact information for specific CoreCivic facilities can be found at corecivic.com.
Contact DCR for Hawaii state facilities. DCR's main office contact information is at dcr.hawaii.gov. For restrictive housing questions, ask for the facility warden's office or classification department.
Know your rights after July 2026. Under Act 292 (effective July 2026), if your person is placed in restrictive housing (20+ hours per day), they have the right to a hearing within 24 hours and access to food, water, medical care, and legal counsel. Document whether these rights are being provided.
Until July 2026, advocate through the process. File grievances through DCR's administrative process. Document conditions your person reports.
Contact the Community Alliance on Prisons. Kat Brady and the Community Alliance on Prisons (caprize.org) have been the driving force behind Act 292 and are the primary advocacy organization for Hawaii prison reform. They can provide referrals and information.
Contact the Hawaii Office of the Public Defender. The Hawaii Public Defender's Office has been active in supporting solitary reform and may be able to provide legal referrals.
Seek legal help. For private contractor facilities (CoreCivic), seek attorneys familiar with federal prisoner rights litigation. For state DCR facilities, seek attorneys familiar with Hawaii courts.
Frequently asked questions
What is solitary confinement called in Hawaii prisons?
Hawaii's new law (Act 292, effective July 2026) uses "restrictive housing," defined as confining a prisoner to a cell for 20 or more hours per day. DCR has historically used "restrictive housing" and "solitary confinement" informally, inconsistently. Act 292 establishes "restrictive housing" as the statutory term with defined criteria and protections.
What is Hawaii Act 292 and what does it require?
Act 292 (formerly SB 104), signed by Governor Green in July 2025 and effective July 2026, restricts restrictive housing to situations where a prisoner is reasonably believed to pose an immediate harm risk to themselves or others. It guarantees a 24-hour hearing right after placement, access to food, water, medical care, and legal counsel, clear release guidelines, and requires DCR to develop review policies and public reporting. It applies to state prisons and contracted correctional facilities.
When does Hawaii Act 292 take effect?
July 2026. Until then, DCR operates under its existing administrative policies, which DCR has said comply with National Institute of Corrections and American Correctional Association standards. Advocates have documented that current DCR practice is opaque: prisoners are often placed in restrictive housing without clear explanations or a defined path to release.
Who can be placed in restrictive housing in Hawaii?
Under Act 292 (effective July 2026): only if the prisoner is reasonably believed to pose an immediate risk of harm to themselves or another person. Under current DCR policy (until July 2026): criteria based on DCR's internal policies aligned with NIC and ACA standards, which have not been comprehensively published. Advocates describe current practice as inconsistent and lacking transparency.
What are conditions like in Hawaii restrictive housing?
Under Act 292 (effective July 2026): access to food, water, medical care, and legal counsel are guaranteed. Under current DCR policy: DCR claims compliance with NIC and ACA standards (which generally require minimum out-of-cell time, mental health access, and periodic review). Advocates have documented that prisoners are placed in isolation without knowing why or how to get out -- a transparency failure that Act 292 is designed to address.
What rights apply in Hawaii restrictive housing?
Under Act 292 (effective July 2026): a hearing within 24 hours of placement; access to food, water, medical care, and legal counsel; clear guidelines for how to be released back to general population; and DCR review and reporting requirements. These are the first statutory rights guaranteed to Hawaii prisoners in restrictive housing. Under current policy, rights depend on DCR's internal procedures.
Are vulnerable groups protected from solitary in Hawaii?
Act 292 applies broadly to all prisoners. Prior legislative action in Hawaii had specifically reduced solitary for incarcerated youth; the public defender's office and Opportunity Youth Action Hawaii (OYAH) noted that young people under 25 were of particular concern. Act 292 extends protections system-wide. DCR's current policies (until July 2026) do not include explicit statutory protections for mental illness, pregnancy, or other vulnerable populations.
What is the current DCR policy before Act 292 takes effect?
DCR's existing policies are based on NIC and ACA compliance standards. DCR has stated these policies are sufficient and that Act 292 was unnecessary. The specifics of DCR's current restrictive housing criteria, duration limits, and review procedures are not comprehensively published. Families can request specific policy documents from DCR under Hawaii's public records law (Uniform Information Practices Act, Hawaii Revised Statutes Chapter 92F).
Can families visit someone in Hawaii restrictive housing?
Visiting is typically restricted during restrictive housing. Contact the specific facility directly to confirm current visiting status. For Hawaii state facilities, contact DCR at dcr.hawaii.gov. For mainland CoreCivic facilities, contact the specific facility through corecivic.com. Given the distances involved for mainland-housed Hawaii prisoners, families should always confirm before traveling.
What can families do if someone is in Hawaii solitary?
Find your person using the DCR offender search at dps.hawaii.gov or dcr.hawaii.gov. Determine whether they are in a Hawaii state facility or a mainland CoreCivic facility. Contact the facility for housing status and restrictive housing reasons. File grievances through DCR's administrative process and document all conditions. After July 2026, assert the rights under Act 292 (24-hour hearing, access to medical care and legal counsel). Contact the Community Alliance on Prisons (caprize.org) for advocacy support and referrals. ---
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