THE SENATE

S.B. NO.

1358

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

 

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

 


     SECTION 1.  The Kulani correctional facility closed on November 20, 2009, and the facility was transferred to the state department of defense.  The incarcerated population of approximately one hundred twenty at the Kulani correctional facility was transferred to the Halawa correctional facility, to the federal detention center in Honolulu, and to mainland prisons.  The Kulani correctional facility specialized in providing sex offender treatment, which the department of public safety describes as being one of the most successful programs in the country.

     The legislature finds that Hawaii's incarcerated persons who serve their incarceration sentence in Hawaii have more potential for rehabilitation when they can live in familiar surroundings and be close to relatives.  The legislature further finds that the sex offender treatment services that were provided at the Kulani correctional facility were among the finest in the country.  The legislature further finds that consideration of the State's financial costs of incarceration on the mainland, rather than incarceration in Hawaii, is outweighed by the rehabilitation success of persons incarcerated in Hawaii.  Successful rehabilitation eventually results in lower recidivism and lower costs.

     The purpose of this Act is to require the department of public safety to make plans to reopen the Kulani correctional facility.

     SECTION 2.  (a)  No later than December 31, 2011, the department of public safety shall:

     (1)  Formulate a plan to reopen the Kulani correctional facility; and

     (2)  Include in that plan an implementation process to transfer back incarcerated persons to and house new inmates at the Kulani correctional facility.

     (b)  The emphasis of the reopened Kulani correctional facility shall be on providing sex offender treatment rehabilitation services.

     (c)  The state department of defense shall cooperate with the department of public safety to transfer the Kulani correctional facility back to the department of public safety, and the department of public safety is urged to assist the state department of defense in identifying alternative sites for the Kulani Youth Challenge Academy.  In addition, the department of public safety shall staff Kulani correctional facility upon its reopening with former Kulani employees in the positions they held prior to the closing of the facility and, with the exception of those who wish to remain in a different location, bring back any and all employees who may have been bumped, terminated, or accepted employment in a new geographical location regardless of any agreements made between the employee and the employer regarding transferring back to their original workplace.  These positions shall be offered first to former employees of Kulani and Hawaii Community Correctional Center before allowing any other transfers from employees who were not affected or employed by Kulani or Hawaii Community Correctional Center at the time of the closing.

     (d)  The department of public safety shall submit its plan and any related findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2012. 

     SECTION 3.  This Act shall take effect on July 1, 2030.


 


 

Report Title:

Kulani Correctional Facility; Reopening

 

Description:

Requires the Department of Public Safety to develop a plan to reopen the Kulani correctional facility, implement transfers, and house newly sentenced individuals by December 31, 2011.  Report to 2012 legislature.  Effective July 1, 2030.  (SB1358 HD2)

 

 

 

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