U.S. Department
of Justice
Hawaii Department of Public Safety
On March 20, 2019, the United States entered into this Settlement Agreement with the Hawaii Department of Public Safety (HDPS) to resolve an investigation under Title II of the ADA The agreement resolves complaints alleging that HDPS excluded incarcerated individuals with mobility disabilities from participating in its furlough program because of their disabilities and that HDPS prison facilities were inaccessible to individuals with disabilities, thereby denying them equal access to prison programs, services, and activities. Under the three-year agreement, HDPS will not exclude qualified individuals with mobility disabilities from its furlough program; modify its furlough policies, practices, and procedures; make architectural modifications to five correctional facilities (Hale Nani Correctional Facility, Women’s Community Correctional Center, Halawa Correctional Facility, Waiawa Correctional Facility, and Oahu Community Correctional Center) to make them accessible to incarcerated individuals with disabilities; train staff; designate statewide and facility-specific ADA Coordinators; implement an ADA complaint procedure; and provide $45,000 in monetary damages to the complainants. On March 16, 2022 and July 17, 2023, the United States and HDPS agreed to extend the term of the agreement. The agreement expires on March 20, 2025. The extension was necessary because the global COVID-19 pandemic required HDPS to take measures to prevent and mitigate the spread of the virus within its facilities.