In-state Prisons; Management

Provides that the development and management of in-state
correctional facilities be subject to the managed competition

THE SENATE                              S.B. NO.           2433
TWENTIETH LEGISLATURE, 2000                                
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 and management of in-state
 4 correctional facilities.  (a) Notwithstanding any other law to
 5 the contrary, the governor, with the assistance of the director,
 6 may negotiate with any person for the development of private
 7 in-state correctional facilities or public in-state turnkey
 8 correctional facilities, to reduce prison overcrowding.  Any
 9 development proposal shall address the construction of the
10 facility separate from the operation of the facility and shall
11 consider and include:
12      (1)  The percentage of low, medium, and high security
13           inmates and the number of prison beds needed to
14           incarcerate each of the foregoing classes of inmates;
15      (2)  The facility's impact on existing infrastructure, and
16           an assessment of improvements and additions that will
17           be necessary;
18      (3)  The facility's impact on available modes of
19           transportation, including airports, roads, and
20           highways; and

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                                     S.B. NO.           2433

 1      (4)  A useful life costs analysis.
 2 For the purposes of this section, "useful life costs" means an
 3 economic evaluation that compares alternate building and
 4 operating methods and provides information on the design,
 5 construction methods, and materials to be used with respect to
 6 efficiency in building maintenance and facilities operation.
 7      (b)  Any proposal developed for the operation of the
 8 facility shall be subject to the public-private managed
 9 competition process as established by the department of
10 accounting and general services."
11      SECTION 2.  Section 353-16.3, Hawaii Revised Statutes, is
12 repealed.
13      ["353-16.3  Development of out-of-state Hawaii correctional
14 facilities.  Notwithstanding any other provision to the contrary,
15 the governor, with the assistance of the director, may negotiate
16 with any appropriate out-of-state jurisdiction for the
17 development of Hawaii correctional facilities to reduce prison
18 overcrowding; provided that any agreement negotiated pursuant to
19 this section shall be subject to legislative approval by
20 concurrent resolution in any regular or special session."]

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                                     S.B. NO.           2433

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect upon its approval.
 5                           INTRODUCED BY:_________________________
 7                                         _________________________