STAND. COM. REP. NO. 578

 

Honolulu, Hawaii

, 2019

 

RE: H.B. No. 336

H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

Your Committee on Public Safety, Veterans, & Military Affairs, to which was referred H.B. No. 336 entitled:

 

"A BILL FOR AN ACT RELATING TO HAWAII STATE AND CONTRACTED CORRECTIONAL FACILITIES,"

 

begs leave to report as follows:

 

The purpose of this measure is to require the Director of the Department of Public Safety, within forty-eight hours, to report to the Governor, and for the Governor to report to Legislature, certain information concerning:

 

(1) The death of an inmate incarcerated in a state or contracted correctional facility; or

 

(2) The death, or injury causing the death, of an employee of a correctional facility or community correctional center on the grounds where Hawaii inmates reside.

 

This measure also authorizes the Director to withhold the disclosure of the decedent's name pending notification of the next of kin, or if the decedent's name is otherwise protected from disclosure under state or federal laws.

 

The Office of Hawaiian Affairs, Hawaii Disability Rights Center, a Kauai County Councilmember, and Hoomanapono Political Action Committee supported this measure. The Department of Public Safety, Department of the Attorney General, and Community Alliance on Prisons offered comments.

 

Your Committee has amended this measure by:

 

(1) Requiring the Director's report to include any indication of sexual assault leading to the death of an inmate or employee;

 

(2) Clarifying that the Director has the discretion to withhold the disclosure of any information protected from disclosure by state or federal laws pending notification of the death to the next of kin; and

 

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

As affirmed by the record of votes of the members of your Committee on Public Safety, Veterans, & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 336, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 336, H.D. 1, and be referred to your Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Public Safety, Veterans, & Military Affairs,

 

 

 

 

____________________________

GREGG TAKAYAMA, Chair