HOUSE OF REPRESENTATIVES

H.B. NO.

424

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to corrections.

 

 

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

 


SECTION 1. Section 353-16.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; [and] provided further that the transfer is either:

(1) In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or

(2) In the interest of the inmate.

Beginning July 1, 2019, the director shall commence reducing the number of committed felons incarcerated in private, for-profit correctional institutions. Beginning January 1, 2035, no inmate shall be committed or transferred to any for-profit correctional institution."

SECTION 2. Section 353-16.3, Hawaii Revised Statutes, is amended to read as follows:

"353-16.3 Development of out-of-state Hawaii correctional facilities. Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with any appropriate out-of-state jurisdiction for the development of Hawaii correctional facilities to reduce prison overcrowding; provided that any agreement negotiated pursuant to this section shall be subject to legislative approval by concurrent resolution in any regular or special session[.]; provided further that any agreement made with a for-profit correctional institution for the imprisonment of inmates after December 31, 2034, shall be invalid."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

PSD; For-Profit Correctional Institutions; Prisons; Out-of-State

 

Description:

Prohibits the Department of Public Safety from using for-profit prisons to house inmates by 2035.

 

 

 

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