Despite a 33 percent decline since February, the number of inmates at the Maui Community Correctional Center was higher than the design and operational capacities for the Wailuku jail, according to a special master’s report to the state Supreme Court.

The jail’s inmate population was 307 on Friday, down from 334 about two weeks earlier on April 8.

In his second report Thursday, special master Dan Foley said “there continues to be a meaningful decrease in the number of inmates” held at state Department of Public Safety facilities.

Foley, a retired Intermediate Court of Appeals judge, was appointed as special master to work with county prosecutors, the state attorney general, the Public Safety Department and the state Office of the Public Defender to address public defender petitions to release inmates to prevent the spread of COVID-19.

As of Friday, the Maui Community Correctional Center was six inmates above its operational capacity of 301 and 98 inmates above its design capacity of 209.

Since the end of February, when 459 inmates were housed at MCCC, the inmate population has declined by 152 inmates or about one-third.

Statewide, the jail population decreased by 716 inmates, from 2,189 on March 2 to 1,473 on Friday, for a 33 percent decline.

Foley’s report said inmate counts remain above the operational capacity at MCCC and Hawaii Community Correctional Center in Hilo. Except for Kauai Community Correctional Center, inmate populations are above the design capacity at state facilities, according to the report.

The Department of Public Safety reported Friday that there are no confirmed cases of COVID-19 in state prisons or jails. As of Friday, three inmates at MCCC had been tested, and all three were found negative, according to the department.

The reductions in inmate numbers have occurred through the release of some nonviolent offenders, with prosecutors and defense attorneys agreeing to releases in some cases.

In other cases, when the prosecution has objected, judges have decided whether or not to release inmates.

During a hearing Wednesday, 2nd Circuit Judge Rhonda Loo granted a defense request for temporary release of Devon-Werner Kalua-Manuel, 23, of Wailuku, who was serving a one-year jail term as part of four years’ probation in stolen-vehicle cases.

In one case, Kalua-Manuel drove recklessly to endanger others while fleeing from police, said Deputy Prosecutor Joanne Hicks.

Loo said Kalua-Manuel would have to return to jail to serve the rest of his sentence once circumstances allow.

He was ordered to undergo screening for COVID-19 before being released from jail, self-quarantine for 14 days and call the state Department of Health to be evaluated once the quarantine period ends. He also was ordered to comply with state and county stay-at-home orders.

Judge Loo denied a request for release of Molokai resident Benedict Pelekai, 37, a felon who is serving an 18-month jail term as part of four years’ probation after he was found with rifles and ammunition when police executed search warrants twice.

“Being a felon with firearms does pose a significant risk to the public and the community,” Loo said.

In both cases, Deputy Public Defender Danielle Sears referred to a Supreme Court interim order filed April 15 in arguing that the court must consider the jail’s design capacity in deciding whether to release the inmates. She said the Wailuku jail “is far from design capacity.”

Both Pelekai and Kalua-Manuel were sentenced in February.

Second Circuit judges have denied COVID-19-related requests by at least two inmates convicted of sexual offenses.

In an April 3 hearing, Judge Loo denied a request by Victoria Satoafaiga, 30, of Waikapu to be released from jail because of the pandemic.

She was sentenced in January to a one-year jail term for second-degree custodial interference and fourth-degree sexual assault of a 12-year-old girl in 2017. At the time, Satoafaiga was a Boys & Girls Clubs employee and the victim attended the agency’s Central Maui clubhouse.

Her attorney, Hayden Aluli, said Satoafaiga doesn’t have a violent history and the offense “involves a minor, a long-term relationship.”

Satoafaiga could live with her parents in Kahului and be subject to electronic monitoring that she would pay for, Aluli said.

Deputy Prosecutor J.W. Hupp opposed the release, saying Satoafaiga gained access to the child “by her position of power and trust due to her employment.”

He said Satoafaiga also used the internet to maintain the relationship and engaged in “very explicit” sexual talk with the girl.

“She is a predatory sex offender because she preyed on a 12-year-old girl,” Hupp said. “It’s a violent act.”

In denying the release, Judge Loo said, “Though I believe there are some defendants that should be released, in this particular case, Ms. Satoafaiga is not one of those.”

On Tuesday, Judge Richard Bissen denied a request for a modified sentence for Alan Yuen, 59, of Honolulu, who is serving a one-year jail term for third-degree sexual assault of a woman while she was on Maui for a fishing tournament.

Citing the pandemic, as well as Yuen’s “advanced age” and “compromised health,” his attorney asked that Yuen be allowed to serve the jail term at the same time instead of separately from another one-year jail term for sexually assaulting a woman on Oahu.

In denying the request, the court found that Yuen’s release “would pose a significant risk to the public,” according to court minutes.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.