REPORT TITLE:
Prison Construction


DESCRIPTION:
Authorizes the governor to proceed with the development of
private in-state or public in-state turnkey correctional
facilities, utilizing public funds or private funds, or a
combination of both, to reduce prison overcrowding, subject to
the need for a certificate of participation.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.156        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CORRECTIONS.



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

 1      SECTION 1.  Section 353-16.35, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]�353-16.35[]]  Development of in-state correctional
 
 4 facilities.  (a)  Notwithstanding any other law to the contrary,
 
 5 the governor, with the assistance of the director, may [negotiate
 
 6 with any person for] proceed with the development of private
 
 7 in-state correctional facilities or public in-state turnkey
 
 8 correctional facilities, utilizing public funds or private funds,
 
 9 or a combination of both, to reduce prison overcrowding[.  Any
 
10 development proposal shall address the]; provided that if private
 
11 funds are utilized for the development of such a facility, then a
 
12 certificate of participation meeting the requirements of chapter
 
13 37D shall be required as part of the agreement between the
 
14 governor and the private entity.
 
15      (b)  The construction of the facility [separate] shall be
 
16 addressed separately from the operation of the facility and shall
 
17 consider [and include]:
 
18      (1)  The percentage of low, medium, and high security
 
19           inmates and the number of prison beds needed to
 

 
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 1           incarcerate each of the foregoing classes of inmates;
 
 2      (2)  The facility's impact on existing infrastructure, and
 
 3           an assessment of improvements and additions that will
 
 4           be necessary;
 
 5      (3)  The facility's impact on available modes of
 
 6           transportation, including airports, roads, and
 
 7           highways; and
 
 8      (4)  A useful life costs analysis.
 
 9      (c)  For the purposes of this section, "useful life costs"
 
10 means an economic evaluation that compares alternate building and
 
11 operating methods and provides information on the design,
 
12 construction methods, and materials to be used with respect to
 
13 efficiency in building maintenance and facilities operation."
 
14      SECTION 2.  Section 353-16.36, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]�353-16.36[]]  Contracts for construction of
 
17 correctional facilities by private entities.  [The]
 
18 Notwithstanding any other law to the contrary, the governor may
 
19 enter into and execute contracts in the name of the State with
 
20 any private entity to construct and then lease or purchase
 
21 correctional facilities on public or private lands for the
 
22 benefit of the State."
 
23      SECTION 3.  Section 353-16.37, Hawaii Revised Statutes, is
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "[[]�353-16.37[]]  Community partnering.   Regardless of the
 
 3 method for funding new [prison] correctional facilities, the
 
 4 department of public safety shall develop and implement a
 
 5 [community partnering process to be incorporated into the request
 
 6 for proposal; provided further that a] community benefit and
 
 7 enhancement package [shall be developed by the department and the
 
 8 affected community] to mitigate the negative aspects of building
 
 9 a [prison] correctional facility in the community[; provided
 
10 further that the].  The benefit and enhancement package may
 
11 include, but is not limited to, infrastructure improvements, job
 
12 training programs or improvements to schools and health care
 
13 facilities, social programs, and other government functions."
 
14      SECTION 4.  The director of finance is authorized to issue
 
15 general obligation bonds in the sum of $          , or so much
 
16 thereof as may be necessary, and the same sum, or so much thereof
 
17 as may be necessary, is appropriated for fiscal years 1999-2000,
 
18 and 2000-2001, for the construction of a correctional facility on
 
19 the island of Hawaii.
 
20      SECTION 5.  The appropriation made for the capital
 
21 improvement project authorized in this Act shall not lapse at the
 
22 end of the fiscal biennium for which the appropriation is made;
 
23 provided that all appropriations which are unencumbered as of
 

 
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 1 June 30, 2002, shall lapse as of that date.
 
 2      SECTION 6.  The sums appropriated shall be expended by the
 
 3 department of public safety for the purposes of this Act.
 
 4      SECTION 7.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 8.  This Act shall take effect upon its approval,
 
 7 except that sections 4, 5, and 6 shall take effect on July 1,
 
 8 1999.
 
 9 
 
10                           INTRODUCED BY:_________________________