HOUSE OF REPRESENTATIVES |
H.B. NO. |
398 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INMATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii inmates who serve
their sentences in privately operated, out-of-state prisons often face blatant and
unacceptable violations of rights guaranteed to them by both the federal and state
constitutions, including their rights to due process, equal protection, free speech,
access to counsel, and to be free from self-incrimination and cruel and unusual
punishment. Attorneys have reported instances in which private prison operators
have intercepted and read crucial privileged and confidential written communication
between inmates and their attorneys. In at
least one instance, a private prison passed information obtained from these privileged
communications on to prosecutors. In another
instance, prison staff allegedly removed and withheld privileged correspondence
from an inmate's cell. These actions severely
impaired, and very likely prejudiced, the ability of these inmates to prepare for
crucial legal proceedings. Further, these
actions were committed in violation of established department of public safety policies
regarding attorney-client communication.
The legislature finds that this pattern of behavior
is unacceptable. Even though the affected
inmates are not physically housed within the State or supervised by state
employees, they nonetheless remain under the jurisdiction of the department of public
safety and should remain subject to all the rights and protections afforded to inmates
who are incarcerated within the State. In
cases where the rights of an inmate are impaired due to the action of an out-of-state
private prison, the State must be able to take immediate action, including the immediate
return of the affected inmate to Hawaii, to ensure that the purposes enshrined in
both the federal and state constitutions are maintained and that the integrity of
the State's criminal justice system is preserved.
Accordingly, the purpose of this
Act is to:
(1) Clarify that the department of public safety retains 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 has been transferred to and is incarcerated at an out-of-state institution back to the State at any time and for any reason, regardless of whether that inmate faces a criminal charge in the jurisdiction in which the inmate is incarcerated; and
(3) Ensure that any Hawaii inmate who has been transferred to and is incarcerated at an out-of-state correctional institution is afforded all rights and privileges available to inmates incarcerated at correctional institutions located within Hawaii, whether the right or privilege is available by law, rule, department policy, or any other authority.
SECTION 2. Section 353-16.2, Hawaii Revised Statutes, is amended to read as follows:
"§353-16.2 Transfer of inmates to out-of-state institutions. (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.
(b) Terms and conditions of the transfer and any reimbursement for expenses shall be agreed upon between the department and the out-of-state correctional institution prior to transfer.
(c) Notwithstanding any other law to the contrary,
the department:
(1) Shall have custody
and retain jurisdiction over any Hawaii inmate who has been transferred to and is
incarcerated at an out-of-state correctional institution pursuant to subsection
(a);
(2) May transport any
Hawaii inmate who has been transferred to and is incarcerated at an out‑of‑state
correctional institution pursuant to subsection (a) back to the State at any time
for any reason, regardless of whether that inmate faces a criminal charge in the
jurisdiction in which the inmate is incarcerated; and
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
DPS; Corrections; Out-of-State Correctional Institutions; Jurisdiction of Inmates
Description:
Clarifies 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. Provides 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. Requires Hawaii inmates incarcerated outside of the State to be afforded all rights and privileges available to inmates incarcerated at correctional institutions located within the State.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.