STAND. COM. REP. NO.  1219

 

Honolulu, Hawaii

                , 2009

 

RE:   S.B. No. 969

      S.D. 2

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Public Safety, to which was referred S.B. No. 969, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO RESTRICTED ACCESS TO CORRECTIONAL FACILITIES,"

 

begs leave to report as follows:

 

     The purpose of this bill is to ensure the security of the State's correctional and detention facilities by authorizing the conditional search of persons and vehicles entering the grounds of a state correctional or detention facility.

 

     The Department of Public Safety supported this bill.  The American Civil Liberties Union of Hawaii and Community Alliance on Prisons opposed this measure.

 

     Your Committee has amended this bill by:

 

(1)  Deleting provisions requiring correctional facility staff to have probable cause prior to performing a strip search of a person who seeks to enter the facility;

 

(2)  Providing that a person may decline a search and be refused entry to the facility;

 

(3)  Making the crime of entering or remaining on the grounds of a state correctional or detention facility without permission a class C felony; and

 

(4)  Making technical, nonsubstantive changes for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 969, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 969, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety,

 

 

 

 

____________________________

FAYE HANOHANO, Chair