Report Title:

Correctional facilities

Description:

Directs the executive branch to consider the undeveloped portion of the existing Halawa Correctional Facility as one of the possible sites for replacing the Oahu Community Correctional Center. Effective 7/1/50. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

298

TWENTY-SECOND LEGISLATURE, 2003

H.D. 2

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

relating to correctional facilities.

 

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

SECTION 1. The legislature finds that the State can no longer afford to postpone the construction of correctional facilities. As overcrowding continues, the State is placed in a vulnerable position by being subject to civil rights violations and security risks.

Since 1995, the department of public safety has been transporting prisoners to facilities in Oklahoma, Texas, Oregon, Minnesota, Arizona, and Tennessee. Although this has worked as a temporary solution until adequate facilities are built, the State cannot afford to transport inmates to mainland facilities indefinitely.

Out-of-state placements cost approximately $24,400,000 per year, or $56 per prisoner per day for care, custody, transportation, inmate compensation, and health care. This arrangement has not been problem-free. For example, there have been allegations of sexual assault of female prisoners, denial of timely medical treatment, and civil rights violations in the mainland facilities.

The legislature finds that it is in the public interest of the people of Hawaii to design and build a new correctional facility. One of the sites the legislature would like considered is the undeveloped portion of the site of the Halawa correctional facility to replace the Oahu community correctional center (OCCC).

The purpose of this Act is to direct the executive branch to initiate the process to develop correctional facilities on the undeveloped portion of the site of the Halawa correctional facility to replace OCCC.

SECTION 2. (a) The executive branch is directed to initiate the process to develop the undeveloped portion of the site of the Halawa correctional facility for a new correctional facility. The development process shall include:

(1) Soil tests to ensure the ability of the site to support such a facility; and

(2) Negotiation for the development of private, in-state correctional facilities with any qualified private entity to replace the Oahu community correctional center.

(b) This Act shall not be construed to prohibit the governor from negotiating or contracting with any person for the development of other in-state correctional facilities pursuant to sections 353-16.35 and 353-16.36, Hawaii Revised Statutes. (c) The development of the in-state correctional facilities required by this Act shall commence no later than        , 2008.

(d) The executive branch is further directed to initiate the preparation of a feasibility and planning study for the future utilization, disposition, or development of the existing Oahu community correctional center site. This feasibility and planning study shall include opportunity for public review and comment by the surrounding community, prior to its completion.

SECTION 3. The governor shall report on the progress of the negotiations and development of the in-state correctional facilities to the legislature no later than twenty days before the convening of the regular sessions of 2004 to 2009.

SECTION 4. This Act shall take effect on July 1, 2050.