THE SENATE

S.B. NO.

744

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CORRECTIONAL FACILITIES.

 

 

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

 


SECTION 1. Section 353-16.35, Hawaii Revised Statutes, is amended to read as follows:

"353-16.35 Development or expansion of in-state correctional facilities[.]; private correctional facilities prohibited. (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of [private in-state correctional facilities or] public in-state turnkey correctional facilities to reduce prison overcrowding; provided that if an environmental assessment or environmental impact statement is required for a proposed site or for the expansion of an existing correctional facility under section 343-5, then notwithstanding the time periods specified for public review and comments under section 343-5, the governor shall accept public comments for a period of sixty days following public notification of either an environmental assessment or an environmental impact statement.

(b) Any development or expansion proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:

(1) The percentage of low, medium, and high security inmates and the number of prison beds needed to incarcerate each of the foregoing classes of inmates;

(2) The facility's impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;

(3) The facility's impact on available modes of transportation, including airports, roads, and highways; and

(4) A useful life costs analysis.

(c) No private correctional facility shall be established within the State.

[(c)] (d) For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation."

SECTION 2. Section 353-16.36, Hawaii Revised Statutes, is amended to read as follows:

"[[]353-16.36[]] Contracts for construction of correctional facilities by private entities. The governor may enter into and execute contracts in the name of the State with any private entity to construct [and then lease or purchase] correctional facilities on public or private lands for the benefit of the State[.]; provided that the correctional facility is operated by the department."

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

SECTION 4. This Act shall take effect on May 6, 2137.



 

Report Title:

In-State Private Correctional Facility; Prohibition; Department of Public Safety

 

Description:

Repeals the authorization for the governor to negotiate with any person for the development or expansion of private in-state correctional facilities. Prohibits the establishment of private correctional facilities within the State. Allows the governor to enter into a contract with a private entity to construct correctional facilities on public or private lands for the benefit of the State if the facilities are operated by the Department of Public Safety. Repeals the authorization of the governor to enter into a contract with a private entity for the lease or purchase of correctional facilities the entity constructs. Effective 5/6/2137. (HD1)

 

 

 

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