U Memo 22-04Posted on Jun 22, 2022 in Informal Opinions - UIPA Opinions
U Memo 22-04
June 21, 2022
Prison’s Use of Force Policy
A member of the public appealed the Hawaii Department of Public Safety’s (PSD) denial of her request for access to the use of force policy for a contractor-operated prison housing Hawaii inmates. OIP concluded that although the use of force policy was not subject to mandatory disclosure in its entirety, PSD was only entitled to withhold limited portions of the policy under the UIPA’s exceptions to disclosure. OIP detailed which portions of the use of force policy would significantly risk the circumvention of agency regulations concerning the security of the prisons or the control of inmates, and thus could be redacted to avoid frustration of legitimate PSD function. OIP further concluded that after redaction of those portions, the remainder of the use of force policy must be publicly disclosed.