THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE PHASEOUT OF PRIVATE CORRECTIONAL FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§353- Construction and expansion of correctional facilities; input and recommendations of Hawaii correctional system oversight commission required. (a) No new correctional facility shall be constructed and no existing correctional facility shall be expanded unless:
(1) The department first obtains input on and recommendations from the Hawaii correctional system oversight commission on any master plan for the facility; and
(2) The input and recommendations from the Hawaii correctional system oversight commission are included in any environmental impact statement on the project.
(b) To facilitate the input and recommendations of the Hawaii correctional system oversight commission as provided in subsection (a), the department shall submit the following information to the Hawaii correctional system oversight commission upon the commission's request:
(1) The proposed maximum inmate population of the facility;
(2) Any programs proposed for the facility, including reentry programs, facility educational and treatment programs, rehabilitative services, work furloughs, and parole services; and
(3) Any other relevant information required by the commission as established by rules adopted pursuant to chapter 91."
SECTION 2. Section 353L-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The commission shall:
(1) Oversee the State's correctional system and have jurisdiction over investigating complaints at correctional facilities and facilitating a correctional system transition to a rehabilitative and therapeutic model;
(2) Establish maximum inmate population limits for each correctional facility and formulate policies and procedures to prevent the inmate population from exceeding the capacity of each correctional facility;
(3) Consult with the department of public safety on the planning of any new or expanded correctional facility in the State, and provide input and recommendations on any master plan for the facility, for inclusion in any environmental impact statement on the project, as provided in section 353- ;
(3)] (4) Work
with the department of public safety in monitoring and reviewing the comprehensive
offender reentry program, including facility educational and treatment programs,
rehabilitative services, work furloughs, and the Hawaii paroling authority's
oversight of parolees. The commission
may make recommendations to the department of public safety, the Hawaii paroling
authority, and the legislature regarding reentry and parole services; [ and]
(4)] (5) Ensure that the comprehensive offender reentry
system under chapter 353H is working properly to provide programs and services
that result in the timely release of inmates on parole when the maximum terms
have been served instead of delaying the release for lack of programs and services[ .];
(6) Create a comprehensive plan to phase out private correctional institutions by . The commission shall seek input from the department of the attorney general, office of the prosecuting attorney, office of the public defender, judiciary, and department of public safety in creating the plan. A report transmitting the plan, including any proposed legislation, shall be submitted to the legislature no later than twenty days prior to the convening of the regular session of . For the purposes of this subsection, "private correctional institution" includes any facility:
(A) Owned by the State and operated by a non-governmental entity; or
(B) Operated under a public-private partnership.
To achieve these ends, the commission shall authorize the oversight coordinator to adopt rules in accordance with chapter 91."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3050.
Corrections; Private Prisons; Phase-out; Hawaii Correctional System Oversight Commission
Requires the Hawaii correctional oversight commission to create a comprehensive plan to phase out the use of private correctional institutions. Prohibits the construction of new correctional facilities and the expansion of existing correctional facilities without first obtaining input and recommendations of the Hawaii correctional system oversight commission. Effective 7/1/3050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.