Hawaiian Inmate Exportation

Prohibits the exportation of native Hawaiian inmates to mainland

THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that two of the principal
 2 goals of incarceration are to ensure the public safety and to
 3 rehabilitate prisoners so that they might be restored as
 4 productive members of society.  However, the social and financial
 5 costs of incarceration are increasing at a rate in excess of the
 6 State's fiscal resources.  In order to address this increasing
 7 gap between needs and resources, the legislature concludes that
 8 new programs based on new ideas rather than the expansion of
 9 existing programs based on traditional models of rehabilitation
10 programs are needed.  Specifically, the legislature finds that it
11 is in the public interest to design and build correctional
12 facilities and fund associated treatment programs which
13 complement each other in the rehabilitation and restoration
14 process. 
15      A multitude of studies on incarceration and recidivism have
16 concluded that rehabilitation programs having the highest
17 likelihood of success are those which are grounded both
18 conceptually and physically in the culture and community of those
19 in need of rehabilitation.  The legislature further finds that

Page 2                                                     2967
                                     S.B. NO.           

 1 the policy of transferring prisoners out-of-state is inconsistent
 2 with the goal of holistic rehabilitation through the unification
 3 of location, culture, and treatment.
 4      Hawaiians represent the largest single group among the
 5 incarcerated population in Hawaii.  Hawaiians share a distinct
 6 culture, history, tradition, and a distinct language.  The
 7 legislature finds that the goal of rehabilitation may be advanced
 8 through facilities and treatment programs that build upon these
 9 commonalities.  Moreover, programs which reduce the recidivism
10 rate of Hawaiians have a higher likelihood of decreasing the
11 over-population pressures currently confronting the state
12 department of public safety.
13      The legislature also finds that it is proper to make use of
14 resources and funds that are linked to native Hawaiians to assist
15 in programs designed to specifically benefit Hawaiians.  For this
16 reason, it is both reasonable and justified to look to the ceded
17 lands now under the jurisdiction and control of the department of
18 land and natural resources and the department of Hawaiian home
19 lands for the location of any new Hawaiian rehabilitation center
20 and to look to the revenues of the public land trust to fund
21 rehabilitation programs founded on the culture, traditions, and
22 language of Hawaiians.

Page 3                                                     2967
                                     S.B. NO.           

 1      SECTION 2.  Chapter 353, Hawaii Revised Statutes, is amended
 2 by adding two new sections to be appropriately designated and to
 3 read as follows:
 4      "353-     Out-of-state transfers; native Hawaiians.  (a)
 5 Notwithstanding any provision of this chapter to the contrary, no
 6 native Hawaiian shall be transported or transferred to an
 7 out-of-state correctional facility.
 8      (b)  For the purposes of the prohibition imposed under
 9 subsection (a), "native Hawaiian" means any descendant of the
10 aboriginal peoples inhabiting the Hawaiian Islands which
11 exercised sovereignty and subsisted in the Hawaiian Islands in
12 1778, and which peoples thereafter have continued to reside in
13 Hawaii.
14      353-     Correctional special rehabilitation revolving
15 fund.  (a)  There is established within the state treasury a
16 correctional special rehabilitation revolving fund.  The fund
17 shall be expended at the discretion of the director for the
18 purpose of offsetting the cost of providing social, counseling,
19 educational, and other programs of rehabilitation based on the
20 Hawaiian culture, traditions, and language to inmates.  To the
21 maximum extent possible, a preference of admission to any program
22 or activity funded in whole or in part under this section shall
23 be afforded to inmates who are native Hawaiian.

Page 4                                                     2967
                                     S.B. NO.           

 1      (b)  The revolving fund shall consist of funds derived from
 2 the following moneys collected or deposited into the fund:
 3      (1)  Legislative appropriations;
 4      (2)  Voluntary contributions; and
 5      (3)  Twenty per cent of the first $25,000,000 of all
 6           proceeds, fees, or other revenues received each year by
 7           the State which are generated by or through any
 8           activity conducted at any airport located within the
 9           State.
10      (c)  All moneys from the correctional special rehabilitation
11 fund shall be used to manage, maintain, fund, operate, or
12 otherwise administer activities authorized under this section;
13 provided that no funds shall be expended unless separately
14 matched on a dollar-for-dollar basis by the office of Hawaiian
15 affairs."
16      SECTION 3.  There is appropriated out of the general
17 revenues of the State of Hawaii the sum of $40,000,000, or so
18 much thereof as may be necessary for fiscal year 2000-2001, for
19 the construction of a native Hawaiian rehabilitation center to be
20 located on lands made available under sections 2 and 4 of this
21 Act; provided that no funds shall be expended unless separately
22 matched on a dollar-for-dollar basis by the office of Hawaiian
23 affairs.

Page 5                                                     2967
                                     S.B. NO.           

 1      The sum appropriated shall be expended by the department of
 2 public safety for the purposes of this Act.  
 3      SECTION 4.  The chairperson of land and natural resources
 4 and the chairperson of the Hawaiian homes commission, in
 5 consultation with the director of public safety, shall identify
 6 and make available, a parcel of land currently within the land
 7 inventory of either department upon which to locate a native
 8 Hawaiian rehabilitation center.
 9      SECTION 5.  New statutory material is underscored.
10      SECTION 6.  This Act shall take effect upon its approval;
11 provided that section 3 shall take effect on July 1, 2000.
13                       INTRODUCED BY:  ___________________________