Prison Construction

Authorizes the governor to proceed with the development of
private in-state or in-state turnkey correctional facilities
using public or/and private funds, to reduce prison overcrowding,
subject to the need for a certificate of participation if private
funds are used.  (HB156 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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.  Notwithstanding any other law to the contrary, the
 5 governor, with the assistance of the director, may [negotiate
 6 with any person for the development of private in-state
 7 correctional facilities or public in-state turnkey correctional
 8 facilities,] proceed with the development of privately developed
 9 in-state correctional facilities or an in-state correctional
10 facility utilizing public funds or private funds, or a
11 combination of both to reduce prison overcrowding.  If private
12 funds are utilized for the development of such a facility, then a
13 certificate of participation meeting the requirements of chapter
14 37D shall be required as part of the agreement between the
15 governor and the private entity.  The private developer shall
16 provide proof that the cost of private funds shall not exceed the
17 cost of public funds.
18      Any development proposal shall address the construction of
19 the facility separate from the operation of the facility and
20 shall consider and include:

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                                     H.B. NO.           H.D. 1

 1      (1)  The percentage of low, medium, and high security
 2           inmates and the number of prison beds needed to
 3           incarcerate each [of the foregoing classes] class of
 4           inmates;
 5      (2)  The need for medium security beds and program space;
 6      (3)  The need for female beds;
 7     [(2)] (4)  The facility's impact on existing infrastructure,
 8           and an assessment of improvements and additions that
 9           will be necessary;
10     [(3)] (5)  The facility's impact on available modes of
11           transportation, including airports, roads, and
12           highways; and
13     [(4)] (6)  A useful life costs analysis.
14      For the purposes of this section, "useful life costs" means
15 an economic evaluation that compares alternate building and
16 operating methods and provides information on the design,
17 construction methods, and materials to be used with respect to
18 efficiency in building maintenance and facilities operation."
19      SECTION 2.  Section 353-16.36, Hawaii Revised Statutes, is
20 amended to read as follows:
21      "[[]353-16.36[]]  Contracts for construction of
22 correctional facilities by private entities.  [The]

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                                     H.B. NO.           H.D. 1

 1 Notwithstanding any other law to the contrary, the governor may
 2 enter into and execute contracts in the name of the State with
 3 any private entity to construct and then lease or purchase
 4 correctional facilities on public or private lands for the
 5 benefit of the State."
 6      SECTION 3.  Section 353-16.37, Hawaii Revised Statutes, is
 7 amended to read as follows:
 8      "[[]353-16.37[]]  Community partnering.   Regardless of the
 9 method for funding new prison facilities, the department of
10 public safety shall develop and implement a [community partnering
11 process to be incorporated into the request for proposal;
12 provided further that a] community benefit and enhancement
13 package [shall be developed by the department and the affected
14 community] to mitigate the negative aspects of building a
15 [prison] correctional facility in the community[; provided
16 further that the].  The benefit and enhancement package may
17 include[,] but is not limited to[, infrastructure]:
18      (1)  Infrastructure improvements[, job]:
19      (2)  Job training programs or improvements to schools and
20           health care facilities[, social];
21      (3)  Social programs[,]; and [other]
22      (4)  Other government functions.

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                                     H.B. NO.           H.D. 1

 1      The private developer shall include in their proposal,
 2 schematic plans and a fixed dollar amount dedicated to
 3 improvements that will be included in the total development
 4 package.
 5      All proposals shall be made public within seventy-two hours
 6 of receipt so the public and the legislature can express
 7 opinions regarding the design and cost of the various proposals.
 8      To indicate community concurrence with the project, the
 9 private developer shall, through a petition, receive affirmative
10 signatures of not less than fifty-five per cent of all registered
11 voters living within an eight-mile radius of the proposed site."
12      SECTION 4.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 5.  This Act shall take effect upon its approval.