SCPW

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- 0000200 and SCPW

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- 0000213

IN THE SUPREME COURT OF THE STATE OF HAWAI ʻ I

SCPW

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OFFICE OF THE PUBLIC DEFENDER, Petitioner,

vs.
CLARE E. CONNORS, Attorney General of the State of Hawai ʻ i; DONALD S. GUZMAN, Prosecuting Attorney, County of Maui; MITCHELL D. ROTH, Prosecuting Attorney, County of Hawai ʻ i; JUSTIN F. KOLLAR, Prosecuting Attorney, County of Kaua ʻ i; DWIGHT K. NADAMOTO, Acting Prosecuting Attorney, City and County of Honolulu, Re spondents.

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SCPW

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STATE OF HAWAI ʻ I OFFICE OF THE PUBLIC DEFENDER, Petitioner,

vs.
DAVID Y. IGE, Governor, State of Hawai ʻ i; NOLAN P. ESPINDA, Director, State of Hawai ʻ i Department of Public Safety; EDMUND (FRED) K.B. HYUN, Chairperson, Hawai ʻ i Paroling Authority , Respondents.

ORIGINAL PROCEEDING Electronically Filed Supreme Court SCPW-20-0000200 04-MAY-2020 03:49 PM2 F OURTH INTERIM ORDER (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

On April 3 0 , 2020, in r esponse to this court’s April
24 , 2020 Third I nterim O rder, S pecial Master Daniel R. Foley (“Special Master”) filed his Third Summary Report and
R ecommendation s (“ Third Interim Report”)

. The Third Interim Report provides an update on implementation of this court’s orders as well as other efforts, including updated population
numbers. The Third Interim Report also attaches as exhibits a progress report of the Hawai ʻ i Paroling Authority (“HPA”) (dated April 29, 2020), a le tter to the Special Master from the Department of Public Safety (“DPS”) in response to an April 21,
2020 letter of the Hawai ʻ i Correctional Systems Oversight Commission (“Oversight Commission”) regarding DPS’s response to different levels of potential COVI D

- 19 outbreak (dated April 28, 2020) , a letter from the Oversight Commission to DPS Director Nolan Espinda requesting information concerning the COVID

- 19 plans for Saguaro Correctional Center (“Saguaro”) (dated April
28 , 2020) , a letter from the Office of the Public Defender apprising the Special Master of the efforts undertaken by the parties, the amici, and the many stakeholders to reduce the inmate population of Hawai ʻ i’s correctional centers and facilities to design capacity and stating some concerns (dated April 29, 2020) , and a letter from the Honolulu Department of the Prosecuting Attorney providing a status of the release of inmates and stating some concerns (dated April 29, 2020).

This court appreciates the efforts that have been undertaken by the Special Master, the parties, the am ici, and the many stakeholders to work collaboratively to protect public health and public safety. This court also appreciates the
efforts of the H P A to transition to audio

- visual hearings using3

remote technology and DP S’s assistance in facilitating telephonic attorney

- client contact

.

Upon consideration of the Third Interim Report, including the exhibits, and the record,

IT IS HEREBY ORDERED that:
1. The Special Master shall continue to work with the parties, the amici, and the many stakeholders to expeditiously address the issues in this original proceeding in
an effort to facilitate a collaborative resolution while protecting public health and public safety. Efforts shall continue to be undertaken to reduce the inmate population of correctional centers and facilities to design capacity.

2

. DPS shall continue to be cooperative and responsive to the requests for information from the Oversight
Commis sion

. No later than May 13 , 2020, DPS shall provide a report to the Special Master and the parties regarding the
current conditions at Oahu Community Correctional Center, Saguaro , and Halawa Correctional Facility as related to COVID

19, including information on the number of COVID

- 19 tests
administered to inmates and staff and the steps taken to prevent
and mitigate the spread of COVID

- 19 within these facilities.

3

. DPS has indicated that it is updating the
indiv idual facility Pandemic Response Plan to incorporate current guidance from the Centers for Disease Control and
Prevention , and that the plans will be provided to the Oversight
Commission soon. Every effort shall be taken to expeditiously update and provid e the plans to the Oversight Commission

.

4

. The HPA shall also consider its authority under
Hawai ʻ i Administrative Rule § 23

- 700

- 51(b), to release or discharge inmates on its own accord.

5

. The Special Master may file reports or
recommendations for orders to this court as he deems4

appropriate, but another summary report with any recommendations
shall be filed on May 1 5 , 2020. In his discretion, the Special Master may file confidential docume nts under seal.

6

. This order does not limit the continued collaborative and ongoing efforts currently being undertaken to reduce the inmate populations and does not affect previous orders entered that, by their terms, remain in effect

.

7

. This court reserves its authority to order other measures based on changed circumstances.

DATED: Honolulu, Hawai ʻ i, May 4 , 2020. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson