Report Title:

Restricted Access to Correctional Facilities; Property Search

 

Description:

Permits the search of persons and vehicles entering state correctional facility grounds.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1151

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO RESTRICTED ACCESS TO CORRECTIONAL FACILITIES.

 

 

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

 


     SECTION 1.  Section 353-11.5, Hawaii Revised Statutes, is amended to read as follows:

     "§353-11.5  Restricted access to correctional facilities.

     (a)  Except for the director and employees of the department of public safety, members of the Hawaii paroling authority, and those persons specified in section 353-29, no person shall enter or remain on the grounds of any state correctional facility unless permission to so enter or remain has been obtained from the administrator of the correctional facility, the administrator's designated representatives, or the director.

     (b)  Entry of any person or vehicle to state correctional or detention facility grounds may be conditioned upon a search for weapons or contraband.

     [(b)] (c)  Signs shall be posted at reasonable intervals along the boundary of correctional facilities, informing the public of the restriction against access provided in subsection (a)[.] and of the consent to search persons or vehicles set forth in subsection (b).

     [(c)] (d)  Any person who violates subsection (a) shall be guilty of a misdemeanor."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST