STAND. COM. REP. NO.696-02
RE: H.B. No. 2560
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2560 entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL OFFENSES,"
begs leave to report as follows:
The purpose of the bill is to prohibit private company employees at correctional facilities or in other residential services under the Director of Public Safety from knowingly subjecting imprisoned persons to sexual contact or sexual penetration.
Your Committee received testimony in support of this bill from the Department of Public Safety, the Hawaii State Commission on the Status of Women, and the Community Alliance on Prisons. The Office of the Public Defender offered comments.
Your Committee finds that inmates are particularly vulnerable to sexual assaults from employees at correctional facilities. Private employees associated with the prison system are in the same position of authority as state employees over the inmates they supervise.
Your Committee has amended this bill by declaring that criminal liability applies to employees of a private company providing community-based residential services to persons committed to the Director of Public Safety only if such employees have received notice of the prohibition against sexual relations with inmates. Your Committee has authorized this amendment under the assumption that the Department of Public Safety intends to require potential private companies to agree to educate their employees on the prohibition against sexual relations with inmates.
Technical, nonsubstantive amendments were also made for purposes of style and clarity.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2560, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2560, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
ERIC G. HAMAKAWA, Chair