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HOMELESS IN HAWAII
SB895 SD1 HD2 CD1 – ACT 136
Criminal Trespass; State Lands; State Highways
https://mauitime.com/news/politics/will-hawaii-gov-david-ige-sign-anti-vandalism-bill-sb-895-which-could-criminalize-homeless-and-activists/
AMERICAN CIVIL LIBERTIES UNION (ACLU)
Testimony of the ACLU of Hawaii in Opposition
S.B. 895, S.D. 1, H.D. 1, Relating to Criminal Trespass
March 29, 2017
https://www.capitol.hawaii.gov/Session2017/Testimony/SB895_HD1_TESTIMONY_JUD_03-29-17_.PDF
The American Civil Liberties Union of Hawaii (“ACLU of Hawaii”) writes in
opposition to S.B. 895, S.D. 1, H.D. 1, which seeks to add an additional
criminal trespass ofense (“criminal trespass onto state lands”) to chapter 708 of
the Hawaii Revised Statutes (“HRS”) and to broaden existing criminal trespass
statutes.
Existing Hawaii law already penalizes several varieties of trespass, and adding
an entirely new criminal trespass ofense and broadening existing ofenses
would be unnecessarily cumulative. See HRS §§ 708-13 (criminal trespass in
the frst degree), -14 (criminal trespass in the second degree), -15 (simple
trespass). Much of the conduct prohibited by the proposed ofense of “criminal
trespass onto state lands” is also covered under existing Hawaii law prohibiting
sleeping or camping in a state park after park closure hours. See Hawaii
Administrative Rule (“HAR”) §§ 13-146-5 (requiring permit for camping in a
state park); HRS §184-5 (violation of park rules constitutes a petty
misdemeanor). Existing Hawaii law also covers the bill’s prohibition against
remaining unlawfully on any highway. See HRS 711-1105(1) (prohibiting
obstruction of “any highway or public passage”). This bill is therefore
unnecessary. Criminal trespass laws and other regulations prohibiting use of
public lands are often used to punish protesters, as well as homeless individuals
and families. Indeed, S.B. 895, S.D. 1, H.D. 1, seemingly targets protestors —
such as those who demonstrated at Mauna Kea — by adding redundant
penalties for remaining in/on state parks, lands, and highways. S.B.895, S.D.1,
if passed, would merely add to a problematic national trend of punishing
dissenting speechand criminalizing the status of being homeless.
We strongly urge this committee to defer S.B.895, S.D. 1, H.D. 1.
Should this Committee be inclined to recommend this measure be passed on
Third Reading, the ACLU of Hawaii respectfully requests the following
amendments to Section 2 of the bill to ensure proper notice and to give
violators an opportunity to comply with the law without facing criminal
penalties:
(a) The person enters or remains unlawfully in or upon any improved
state land when:
i. The land is closed to public use and its closure hours are posted on
a sign or signs on the improved state land, and after a request to leave
is made by any law enforcement ofcer the person remains in or upon
the land; or
ii. The land is not open to the public and there are signs that are
sufcient to give reasonable notice that read: “Government Property -
No Trespassing”; provided that these signs shall contain letters no less
than two inches in height and shall be placed at reasonable intervals
along the boundary line of the land and at roads and trails entering
the land in a manner and position as to be clearly noticeable from
outside the boundary line; and after a request to leave is made by any
law enforcement ofcer the person remains in or upon the land;
(b) The person enters or remains unlawfully in or upon any state land on
or under any highway, and the state land has a sign or signs displayed upon
the land that are sufcient to give reasonable notice that read: “Government
Property – No Trespassing”; provided that the signs shall contain letters no less
than two inches in height and shall be placed at reasonable intervals along the
boundary line of the land, and at roads and trails entering the land in a manner
and position as to be clearly noticeable from outside the boundary line, and
after a request to leave is made by any law enforcement ofcer the person
remains in or upon the land.
This amendment would ensure that individuals remaining on state land would
have adequate notice and an opportunity to comply before penalties were
imposed. The ACLU of Hawaii also requests that this measure be amended to
provide that “criminal trespass onto state lands” is a civil, and not criminal,
violation. It is harsh and unnecessary to impose criminal penalties, including
jail time, for unwittingly stumbling onto unenclosed state land.
COUNTY OF MAUI
Ask the Mayor: What is Maui County Doing About the Homeless Problem?
MauiNow. 71 Comments
September 3, 2017, accessed May 5, 2018
http://mauinow.com/2017/09/03/ask-the-mayor-what-is-maui-county-doing-about-the-homeless-problem/
Dear Mayor:
Q: I live and work in Kahului and have noticed not just homeless, but vagrants
who are a nuisance and sometimes even worse. Instead of the usual short-term
fx of clearing out various homeless camps, what is the county doing to address
the long-term problem of the homeless population?
It seems like some of them want to live in peace, while others have no regard
for other people and need to be put in jail. Either we need more transitional
housing or more prison space but something needs to be done.
A: You're right in that there has been a pattern when it comes to our homeless
population. This cycle repeats itself every time we clear out a park or homeless
encampment, only to see the individuals back on the streets or at a diferent
park in no time. Police make arrests, county staf and agency workers clean up
the streets and parks, and then the same folks turn up at new campsites in just
a few days. Everyone is doing their job, but these are only temporary solutions.
For longer-term solutions, my administration has proposed several initiatives to
help provide emergency shelter, housing and enforcement. These measures
have been transmitted to the Maui County Council for review and funding.
Until we are able to move forward with helping people that need help and
being able to properly enforce laws, we will continue to witness the same cycle
of homelessness that hampers our eforts and erodes our sense of community.
Stanley Sylva, September 03, 2017 This mayor is no diferent in his approach
than the other mayors of Hawaii and on the mainland too. If they actually
come up with a viable solution, word gets out and they end up with
everybody's homeless. So its a game of rotation. Don't spend on police
enforcement or corrections and when citizens with legitimate complaints
pressure the police, their belongings are picked up and they're moved
elsewhere. What I want to know is how do the exclusive jurisdictions rid
themselves of the homeless? Like Beverly Hills, Palo Alto, Aspen-Vail, etc. How
is it they force them of and no problem ? Re introduce CCC camps [Emphasis
Supplied]
HO'OKULEANA
Civilian Conservation Corps (CCC)
By Peter T. Young
October 25, 2013, accessed May 5, 2018
http://totakeresponsibility.blogspot.com/2013/10/civilian-conservation-corps-ccc.html?m=1
Ho'okuleana – it's an action word; it means, “to take responsibility.” We view it
as our individual and collective responsibility to: Participate … rather than
ignore; Prevent … rather than react and Preserve … rather than degrade. This
is not really a program, it is an attitude we want people to share. The world is
changing; let's work together to change it for the better.
The Living New Deal
Projects In Hawaii / Pacifc Region (127)
https://livingnewdeal.org/us/hi/
America was in the grip of the Great Depression when Franklin Delano
Roosevelt was inaugurated in March of 1933. Out of the economic chaos
emerged the Civilian Conservation Corps (CCC). The goal was two-fold:
conservation of our natural resources and the salvage of our young men.
Civilian Conservation Corps Legacy
http://www.ccclegacy.org/home.php

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Hawaii's Homeless Crisis and Proposed Solutions

  • 1. HOMELESS IN HAWAII SB895 SD1 HD2 CD1 – ACT 136 Criminal Trespass; State Lands; State Highways https://mauitime.com/news/politics/will-hawaii-gov-david-ige-sign-anti-vandalism-bill-sb-895-which-could-criminalize-homeless-and-activists/ AMERICAN CIVIL LIBERTIES UNION (ACLU) Testimony of the ACLU of Hawaii in Opposition S.B. 895, S.D. 1, H.D. 1, Relating to Criminal Trespass March 29, 2017 https://www.capitol.hawaii.gov/Session2017/Testimony/SB895_HD1_TESTIMONY_JUD_03-29-17_.PDF The American Civil Liberties Union of Hawaii (“ACLU of Hawaii”) writes in opposition to S.B. 895, S.D. 1, H.D. 1, which seeks to add an additional criminal trespass ofense (“criminal trespass onto state lands”) to chapter 708 of the Hawaii Revised Statutes (“HRS”) and to broaden existing criminal trespass statutes. Existing Hawaii law already penalizes several varieties of trespass, and adding an entirely new criminal trespass ofense and broadening existing ofenses would be unnecessarily cumulative. See HRS §§ 708-13 (criminal trespass in the frst degree), -14 (criminal trespass in the second degree), -15 (simple trespass). Much of the conduct prohibited by the proposed ofense of “criminal trespass onto state lands” is also covered under existing Hawaii law prohibiting sleeping or camping in a state park after park closure hours. See Hawaii Administrative Rule (“HAR”) §§ 13-146-5 (requiring permit for camping in a state park); HRS §184-5 (violation of park rules constitutes a petty misdemeanor). Existing Hawaii law also covers the bill’s prohibition against remaining unlawfully on any highway. See HRS 711-1105(1) (prohibiting obstruction of “any highway or public passage”). This bill is therefore unnecessary. Criminal trespass laws and other regulations prohibiting use of public lands are often used to punish protesters, as well as homeless individuals and families. Indeed, S.B. 895, S.D. 1, H.D. 1, seemingly targets protestors — such as those who demonstrated at Mauna Kea — by adding redundant penalties for remaining in/on state parks, lands, and highways. S.B.895, S.D.1, if passed, would merely add to a problematic national trend of punishing dissenting speechand criminalizing the status of being homeless.
  • 2. We strongly urge this committee to defer S.B.895, S.D. 1, H.D. 1. Should this Committee be inclined to recommend this measure be passed on Third Reading, the ACLU of Hawaii respectfully requests the following amendments to Section 2 of the bill to ensure proper notice and to give violators an opportunity to comply with the law without facing criminal penalties: (a) The person enters or remains unlawfully in or upon any improved state land when: i. The land is closed to public use and its closure hours are posted on a sign or signs on the improved state land, and after a request to leave is made by any law enforcement ofcer the person remains in or upon the land; or ii. The land is not open to the public and there are signs that are sufcient to give reasonable notice that read: “Government Property - No Trespassing”; provided that these signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; and after a request to leave is made by any law enforcement ofcer the person remains in or upon the land; (b) The person enters or remains unlawfully in or upon any state land on or under any highway, and the state land has a sign or signs displayed upon the land that are sufcient to give reasonable notice that read: “Government Property – No Trespassing”; provided that the signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land, and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line, and after a request to leave is made by any law enforcement ofcer the person remains in or upon the land.
  • 3. This amendment would ensure that individuals remaining on state land would have adequate notice and an opportunity to comply before penalties were imposed. The ACLU of Hawaii also requests that this measure be amended to provide that “criminal trespass onto state lands” is a civil, and not criminal, violation. It is harsh and unnecessary to impose criminal penalties, including jail time, for unwittingly stumbling onto unenclosed state land. COUNTY OF MAUI Ask the Mayor: What is Maui County Doing About the Homeless Problem? MauiNow. 71 Comments September 3, 2017, accessed May 5, 2018 http://mauinow.com/2017/09/03/ask-the-mayor-what-is-maui-county-doing-about-the-homeless-problem/ Dear Mayor: Q: I live and work in Kahului and have noticed not just homeless, but vagrants who are a nuisance and sometimes even worse. Instead of the usual short-term fx of clearing out various homeless camps, what is the county doing to address the long-term problem of the homeless population? It seems like some of them want to live in peace, while others have no regard for other people and need to be put in jail. Either we need more transitional housing or more prison space but something needs to be done. A: You're right in that there has been a pattern when it comes to our homeless population. This cycle repeats itself every time we clear out a park or homeless encampment, only to see the individuals back on the streets or at a diferent park in no time. Police make arrests, county staf and agency workers clean up the streets and parks, and then the same folks turn up at new campsites in just a few days. Everyone is doing their job, but these are only temporary solutions. For longer-term solutions, my administration has proposed several initiatives to help provide emergency shelter, housing and enforcement. These measures have been transmitted to the Maui County Council for review and funding.
  • 4. Until we are able to move forward with helping people that need help and being able to properly enforce laws, we will continue to witness the same cycle of homelessness that hampers our eforts and erodes our sense of community. Stanley Sylva, September 03, 2017 This mayor is no diferent in his approach than the other mayors of Hawaii and on the mainland too. If they actually come up with a viable solution, word gets out and they end up with everybody's homeless. So its a game of rotation. Don't spend on police enforcement or corrections and when citizens with legitimate complaints pressure the police, their belongings are picked up and they're moved elsewhere. What I want to know is how do the exclusive jurisdictions rid themselves of the homeless? Like Beverly Hills, Palo Alto, Aspen-Vail, etc. How is it they force them of and no problem ? Re introduce CCC camps [Emphasis Supplied] HO'OKULEANA Civilian Conservation Corps (CCC) By Peter T. Young October 25, 2013, accessed May 5, 2018 http://totakeresponsibility.blogspot.com/2013/10/civilian-conservation-corps-ccc.html?m=1 Ho'okuleana – it's an action word; it means, “to take responsibility.” We view it as our individual and collective responsibility to: Participate … rather than ignore; Prevent … rather than react and Preserve … rather than degrade. This is not really a program, it is an attitude we want people to share. The world is changing; let's work together to change it for the better. The Living New Deal Projects In Hawaii / Pacifc Region (127) https://livingnewdeal.org/us/hi/ America was in the grip of the Great Depression when Franklin Delano Roosevelt was inaugurated in March of 1933. Out of the economic chaos emerged the Civilian Conservation Corps (CCC). The goal was two-fold: conservation of our natural resources and the salvage of our young men. Civilian Conservation Corps Legacy http://www.ccclegacy.org/home.php