THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO SEARCHES OF FEMALE INMATES.
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 be appropriately designated and to read as follows:
"§353- Searches of female inmates. (a)
A male correctional facility employee shall
not conduct a pat down search of a female inmate unless the inmate presents a risk
of immediate harm to self or others or risk of escape and a female correctional
facility employee is not available to conduct the search.
(b) A male correctional facility employee shall not
enter into an area of the correctional institution where female inmates may be in
a state of undress, or be in an area where the male correctional facility employee
can view females in a state of undress, including but not limited to restrooms,
shower areas, or medical treatment areas, for the purpose of conducting a search
of a female inmate, unless an inmate in the area presents a risk of immediate harm
to self or others or if there is a medical emergency in the area. A male correctional facility employee shall not
enter into an area prohibited under this subsection if there is a female correctional
employee who can resolve the situation in a safe and timely manner without the male
correctional facility employee's assistance. Male correctional facility employees shall announce
their presence when entering a housing unit.
(c) If a male correctional facility employee conducts
a pat down search under an exception provided in subsection (a) or enters or is
in a prohibited area under an exception provided in subsection (b), the circumstances
for and details of the exception shall be documented within three days of the incident.
The documentation shall be reviewed by the
warden and retained by the correctional institution for reporting purposes.
(d) The department may adopt rules for the administration
of this section."
SECTION 2. The department of public safety shall increase
its recruitment and training of female adult corrections officers to satisfy the
requirements of female gender-specific posts. The department of public safety shall make every
effort within the law to address the concerns of the advocates, requirements of
the federal Prison Rape Elimination Act of 2003, and staffing shortages of female
gender-specific posts, as well as the hiring and training of female adult corrections
officers to effectuate the purposes of this Act.
SECTION 3. The department of public safety shall submit a report of its efforts in recruiting, hiring, and training female adult corrections officers to the legislature no later than twenty days prior to the convening of the regular session of 2023.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Female Inmates; Searches; Correctional Facilities; PSD
Prohibits male correctional facility employees from conducting pat down searches of female inmates or entering areas where female inmates may be in a state of undress for the purpose of conducting a search, subject to exceptions. Requires exceptions to be documented, reviewed, and retained for reporting purposes. Requires PSD to increase its recruitment and training of female adult corrections officers and address certain concerns, federal requirements, and staffing shortages. Requires PSD to submit a report on its efforts. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.