Report Title:

Prisons; Wellness Centers

 

Description:

Prohibits transfer of inmates to institutions in other states. Subject to appropriations, authorizes construction of pu`uhonua, or wellness centers for inmates and certain other individuals. Prohibits renewal of contract with Correctional Corporation of America. Appropriates $    for FY 2001-2002 and FY 2002-2003.

THE SENATE

S.B. NO.

15

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to prisons.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353-    Pu`uhonua wellness centers; authorized; purpose; rules. (a) Within the limitations of available appropriations, the department is authorized to construct one pu`uhonua, or wellness center, in each county.

(b) Notwithstanding any other law to the contrary, the department may admit certain individuals, as described in this subsection, to pu`uhonua, or wellness centers. The purpose of the pu`uhonua is to heal, train with skills, and prepare individuals who are either already incarcerated or have been indicted, using traditional ho`oponopono, for entry back into society in Hawaii. Individuals who are neither inmates or who have not been indicted for a crime, but who evidence a high likelihood of being incarcerated in the future, as evaluated by either the department or by the individual, may voluntarily participate in a pu`uhonua facility; provided that space is available.

(c) The department shall adopt rules in accordance with chapter 91 to implement this section."

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353-    Transfer of inmates to out-of-state institutions prohibited. Without regard to chapters 353B and 355D, and unless required by federal law or court order, no executive department of the State, including the department of public safety and the director of public safety, may effect the transfer of a committed felon to any correctional institution located in any other state."

SECTION 3. Section 353-16.2, Hawaii Revised Statutes, is repealed.

["§353-16.2 Transfer of inmates to out-of-state institutions. (a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; and provided further that the transfer is either:

(1) In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or

(2) In the interest of the inmate.

(b) Terms and conditions of the transfer and any reimbursement for expenses shall be agreed upon between the department and the out-of-state correctional institution prior to transfer."]

SECTION 4. Without regard to section 2 of this Act prohibiting the transfer of inmates to correctional institutions in other states, the term of the contract between the department of public safety and the Corrections Corporation of America shall be allowed to run until the contracted date of termination. However, upon the expiration of that term, pursuant to section 353-   , Hawaii Revised Statutes, as enacted by section 2 of this Act, the department of public safety may not enter into or renew any contract with the Corrections Corporation of America or any other contractor to transfer Hawaii inmates to correctional institutions in any other state.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $            , or so much thereof as may be necessary for fiscal year 2001-2002, and the same sum, or so much thereof as may be necessary for fiscal year 2002-2003, for the construction and operation of one pu`uhonua, or wellness center, in each. The sums appropriated shall be expended by the department of public safety.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval, except that section 6 shall take effect on July 1, 2001.

INTRODUCED BY:

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