Seeing things from a different point of view can help us understand why people act the way they do. We toonoften judge people without having all the facts. ~ Sean Covey In today's roller-coaster economy, hyper-competitive, fear-based, flat and global world, convincing anyone to do anything at any time requires getting their attention creating their intention and turning it to action. ~ Peter Guber In my view, the best humanity is in our exercise of empathy and compassion. It;s when we challenge ourselves to walk in the shoes of someone whose pain or plight might seem so different from yours it's almost incomprehensible. ~ Sarah McBride

1. MAUI COMMUNITY CORRECTIONAL CENTER (MCC)
PRISON UNREST – INMATE PROTEST & RIOTS
VIEW FROM THE CAT BIRD'S SEAT – THE BIG PICTURE GUY
PUBLIC SAFETY DIRECTOR – NOLAN ESPINDA
Mission Statement
To uphold jutice and public safety by providing correctional and law enforcement services
to Hawaii's communities with
professionalism, integrity and fairness
“At this point, and based on the actions of the participants, the motivation behind the
disturbance and subsequent agitation appears to be dissatisfaction with conditions
related to the extreme overcrowded conditions at the jail,” said Director Espinda.
Maui Community Correctional Center was built with a design capacity for 209 beds. As
of May 31, 2018, MCCC had 399 male inmates and 70 female inmates for a total of 469
inmates. That’s 56% above its operational capacity of 301 beds.
Although these detainees are pre-trial status, the circumstances dictate this transfer to a
more secure facility. We are working with the courts to allow video conferencing for
certain hearings, so we can minimize the need to transport these detainees back to Maui
for court.
The disturbance remains under investigation internally by the Department of Public
Safety as well as criminally by the Maui Police Department.
21 MAUI INMATES TRANSFERRED TO HĀLAWA
By Wendy Osher
MauiNow. March 14, 2019, accessed March 15, 2019
http://mauinow.com/2019/03/14/21-maui-inmates-transferred-to-halawa/
VIEW FROM THE FRONT LINE –SOLDIERS IN THE TRENCHES
MAUI PUBLIC DEFENDERS
MAUI SUPERVISING DIRECTOR
WILLIAM “PILI” MCGRATH
Maui supervising Deputy Public Defender William “Pili” McGrath said overcrowding
has been an issue at the Wailuku jail.
Cells meant to house two inmates in close quarters are holding four inmates, with two
sleeping on the floor — one with his head under the toilet, McGrath said.

2. He said he hasn’t heard complaints about guards, and food in the jail has improved.
“They complain they get a little bit less, but they eat it all,” McGrath said. “The deal is
it’s the crowding. How can you expect people that are all detoxing to be crowded like
that and not have things happen? This is one of those things that got out of hand.
“All the other issues are just jail issues. The crowding, it’s endless. It’s ridiculous.”
McGrath said the crowding could be eased by releasing inmates arrested for nonviolent
misdemeanors and saving the roughly $4,000-a-month cost of housing them in jail.
“Most of the inmates are misdemeanor nonviolent clients,” he said. “The way to resolve
this problem should be to release the nonviolent misdemeanor offenders on supervised
release.”
JAIL LOCKDOWN LIFTED MORNING AFTER DISTURBANCE
By Lila Fujimoto and Melissa Tanji
The Maui News. March 13, 2019, accessed March 15, 2019
http://www.mauinews.com/news/local-news/2019/03/jail-lockdown-lifted-morning-after-disturbance/
PRINCIPLES OF CRIMINAL PROCEEDINGS IN HAWAII'S JUDICIAL SYSTEM
By The Hawaii Crime Commission
State Capitol, Honolulu, Hawaii. July 1980
https://www.ncjrs.gov/pdffiles1/Digitization/70994NCJRS.pdf
Pages 44 - 47
The pre-trial procedures for misdemeanor cases differ from the felony cases in that neither a
preliminary hearing nor a grand jury indictment is necessary to require an individual to
be tried for an alleged misdemeanor offense.
After the individualis arrested for a misdemeanor offense (un less a citation has been issued in
lieu of an arrest or a summons in lieu of a warrant), taken to the police station, and ndmitted to
bail pursuant to abail schedule, the initial court appearance would usually be for arraignment
and plea.
If the defendant is unable to post bail and is held at the jail, the arraignment would generally
occur when the court next convenes, which usually is within twentyfour hours after arrest.
At arraignment, the defendant is read a complaint or an oral statement of the charge and asked
to plead to such complaint or charge. If the defendant is without legal counsel at the time, the
court advises the defendant of his or her constitutional right to counsel; and if the defendant
appears to be indigent, a referral is made to the Public Defender's Office to determine
indigency which qualifies for legal representation.
If the defendant wishes to obtain private legal counselor is referred to the public defender, the
court generally continues arraignment for a week, unless the defendant is in custody, in order
to allow the defendant time to consult and obtain a lawyer.

3. When conviction may result in imprisonment for six months or more, the court also infonns
the defendant of the right to a jury trial in circuit court. The defendant may then waive a jury
trial or elect to be tried without a jury in district court. If the defendant requests a jury trial, he
or she is then committedto the circuit court for the setting of a trial date. If the defendant
subsequently decides against a jury trial, the case may either be remanded back to the district
court for a non-jury trial or tried by a circuit court judge.
A defendant who pleads not guilty and also waives the right to trial by jury is tried in district
court.
Additionally, for less serious crimes such as petty misdemeanors, where the maximum jail
term possible is less than six months, a defendant is not entitled to a jury trial.
After the entry of a plea at arraignment the defendant may request and obtain a reduction of
bailor a release to appear onown recognizance (RTA). If able to post bailor if released to
appear, the defendant may then remain free provided all court requirements to appear are met
during the course of the proceedings.
If the defendant is unable to post bail and thus is in custody, the court must schedule the trial
for hearing within 48 hours after the initial appearance. If the trial is not set or held within
such time limits, the defendant, upon filing a motion, must be released to appear for trial
unless the court finds from the complaint or affidavits filed with the complaint that there is
probable cause to believe that an offense has been committed and that the defendant has
committed it.
Because few cases in district court are brought on the basts of written complaints and
affidavits, few people are committed on this basis. Thus, if a defendant is in custody and
indicates an inability to post bail, and is not released to appear, trial is set for a date within 48
hours and the defendant is referred to the public defender for representation.
Because the courts are often faced with a backlog of cases, the judge may often release
defendants to appear and a date will be set in the normal course for arraignment and plea,
or for trial if a plea has been entered.
Except for the above-mentioned differences, pre-trial procedures for misdemeanor cases are
similar to those in felony cases.
CRIMINAL JUSTICE FLOW CHART
Adult Misdemeanor and Felony Cases
Hawaii Department of The Attorney General
Crime Prevention and Justice Assistance Division
https://ag.hawaii.gov/cpja/files/2013/01/FCAdult.pdf
STATE OF HAWAII
The purpose of the Office of the Public Defender is to safeguard individual rights
in all criminal and related matters, from arrest or threat of confinement
through all stages of the criminal proceedings including appeal and parole board matters, if any,
consistent with applicable laws, court rules, and rules of professional responsibility.