Report Title:

Correctional Facilities; Site Selection, Expansion; Public Notice and Comment

 

Description:

Requires notification and public comment during the site selection process for any new or expanded correctional facilities within the state. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2382

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

RELATING TO CORRECTIONAL FACILITIES.

 

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

SECTION 1. Section 353-16.35, Hawaii Revised Statutes, is amended to read as follows:

"[[]353-16.35[]] Development or expansion of in-state correctional facilities. (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development of private in-state correctional facilities or public in-state turnkey correctional facilities, to reduce prison overcrowding[.]; provided that:

(1) During the site selection process, the governor shall notify the public of each proposed site;

(2) Before selecting any site, the governor shall accept public comments on each proposed site for a period of not fewer than sixty days after notifying the public; and

(3) Before expanding the inmate capacity of any existing correctional facility or construction of any new correctional facility, the governor shall notify the public of the proposed expansion and accept public comments for a period of not fewer than sixty days after notifying the public;

provided further that the time period for public comment under paragraphs (2) and (3) shall be concurrent with the time period for any review and public comment for an environmental assessment or environmental impact statement required under section 343-5 for a proposed site or construction, so as not to impose additional time on the State.

(b) Any development proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:

(1) The percentage of low, medium, and high security inmates and the number of prison beds needed to incarcerate each of the foregoing classes of inmates;

(2) The facility's impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;

(3) The facility's impact on available modes of transportation, including airports, roads, and highways; and

(4) A useful life costs analysis.

(c) For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2100.