HOUSE OF REPRESENTATIVES

H.B. NO.

336

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HAWAII STATE AND CONTRACTED CORRECTIONAL FACILITIES.

 

 

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

 


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

"353C-   Correctional facility and community correctional center deaths; reporting. (a) Within forty-eight hours, the director shall report to the governor, and the governor shall report to the legislature, the death of any:

(1) Correctional facility or community correctional center employee who dies on the grounds of a correctional facility or community correctional center where Hawaii inmates reside or who sustains an injury on the grounds of a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; and

(2) Hawaii inmate who is incarcerated in a state or contracted correctional facility.

(b) The report in subsection (a) shall include the following information:

(1) The name of the decedent;

(2) The gender and age of the decedent;

(3) Whether the decedent was an inmate or an employee;

(4) The location of the death or injury leading to the death;

(5) The date and time of the death;

(6) The cause of death;

(7) Any indication of sexual assault leading to the death; and

(8) A report of the clinical mortality review conducted in response to the death, including correctional actions to be taken;

provided that when the official cause of death has been determined, the director shall immediately report the official cause of death to the governor, and the governor shall immediately report the official cause of death to the legislature.

(c) The director shall have the discretion to withhold disclosure of the decedent's name or any information protected from disclosure by state or federal laws pending notification of the death to the next of kin."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.


 


 

Report Title:

Correctional Facilities Deaths; Reporting Requirements

 

Description:

Requires the Director of Public Safety, in the event of the death of an inmate who is in a state or contracted correctional facility, or death of a correctional facility or community correctional center employee, to provide a report to the Governor and Legislature with certain information regarding the death. Authorizes Director to withhold disclosure of decedent's name or other protected information pending notification of next of kin. (HB336 HD1)

 

 

 

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