Honolulu, Hawaii

                , 2021


RE:   H.B. No. 398

      H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




     Your Committee on Corrections, Military, & Veterans, to which was referred H.B. No. 398 entitled:




begs leave to report as follows:


     The purpose of this measure is to:


     (1)  Clarify that the Department of Public Safety retains custody of and jurisdiction over any Hawaii inmate who has been transferred to and is incarcerated at a correctional institution located outside of the State;


     (2)  Provide that the Department of Public Safety may transfer any Hawaii inmate who was transferred to an out-of-state institution back to the State at any time and for any reason; and


     (3)  Require Hawaii inmates incarcerated outside of the State to be afforded all the rights and privileges available to inmates incarcerated at correctional institutions located within the State.

     Your Committee received testimony in support of this measure from Habilitat and three individuals.  Your Committee received comments on this measure from the Department of Public Safety and Community Alliance on Prisons.


     Your Committee finds that additional assurances are needed that inmates housed in out-of-state correctional facilities will be provided comparable treatment, oversight, and safeguards to inmates housed within the State.  Your Committee finds, however, that there may be instances, such as the examples identified by the Department of Public Safety involving a new crime committed outside the State, when the Department of Public Safety is unable to return an inmate to Hawaii.


     Accordingly, your Committee has amended this measure by:


     (1)  Removing the language requiring the return of an inmate regardless of whether the inmate faces a criminal charge in the jurisdiction in which the inmate is incarcerated;


     (2)  Changing the effective date to July 1, 3050, to encourage further discussion; and


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


     As affirmed by the record of votes of the members of your Committee on Corrections, Military, & Veterans that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 398, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 398, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.



Respectfully submitted on behalf of the members of the Committee on Corrections, Military, & Veterans,