HOUSE OF REPRESENTATIVES

H.B. NO.

1158

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public safety.

 

 

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

 


     SECTION 1.  The legislature finds that when the government removes a person's liberty, it incurs the absolute responsibility to protect that person's safety and dignity.

     The legislature also finds that the lack of transparency in the correctional system has resulted in a culture of violence, impunity, and retaliation.  There is growing recognition internationally that the operations of prisons and jails must be transparent, have strong internal-accountability mechanisms, and be open for external monitoring.

     In 2008, the American Bar Association passed a resolution calling upon federal, state, local, and territorial governments to develop comprehensive plans to make the operations of their correctional facilities more transparent and accountable to the public.

     Hawaii taxpayers have borne the burden of claims against the department of public safety.  Since 2000, such claims have totaled $5,600,000.

     The purpose of this Act is to establish a correctional institutions oversight commission, a public entity, independent of the department of public safety, to regularly monitor and publicly report on conditions in prisons and jails for adults in their jurisdiction.

     To ensure objective assessments and evaluations, the commission shall be wholly independent of the department of public safety and the entity that is operating or utilizing the facility being inspected. To this end, the commission shall be administratively attached to the office of the state auditor.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

CORRECTIONAL INSTITUTIONS OVERSIGHT COMMISSION

     §    -1   Correctional institutions oversight commission; established.  (a)  There is established within the office of the auditor for administrative purposes only, a commission to be known as the correctional institutions oversight commission. 

     (b)  The commission shall consist of fourteen members, with three members from each county appointed by the governor, and the chairs of the house and senate standing committees with jurisdiction over public safety, or their designees.

     (c)  Knowledge of Hawaii's correctional system shall be a criterion for appointment to the commission.

     (d)  The term of each member of the commission shall be four years. 

     (e)  No person shall be appointed to more than two consecutive terms as a member of the commission.

     (f)  Any vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

     (g)  The governor may remove or suspend any member of the commission upon the filing of a written finding with the commission, and upon service of a copy of the written finding to the member to be removed or suspended.

     (h)  The chairperson of the commission shall be elected from among its members by a majority vote.

     (i)  The commission members shall serve without compensation.

     §    -2   Duties of the correctional institutions oversight commission.  The correctional oversight commission shall have the following powers and duties:

     (1)  Commissioners in each county shall make at least two unannounced visits to each facility in their county per year;

     (2)  A report shall be filed with the chairperson of the commission within two weeks of each visit under paragraph (1), along with findings and recommendations;

     (3)  The commission shall establish a website on which the reports of visits under paragraph (1) (with identifying information of individuals who have been  interviewed redacted) shall be posted for public view;

     (4)  The commission shall meet quarterly to discuss the reports under paragraph (2), unless conditions described in the reports require emergency action by the commission;

     (5)  Each quarterly meeting of the commission shall be conducted by videoconference, linking all the counties, for productive discussion and recommendations of action to be taken;

     (6)  The commission shall submit annual reports rendering advisory opinions on conditions in correctional facilities to the legislature at least twenty days prior to the convening of each regular session.

     §    -3   Cooperation; authorization.  The correctional institutions oversight commission shall proceed in a collaborative, cooperative, and collegial manner.  Correctional and other government officials shall be required to cooperate fully and promptly with the commission.

     §    -4   Retaliation; safeguards.  Adequate safeguards shall be established to protect individuals who communicate with the correctional institutions oversight commission from retaliation for such communication.

     §    -5   Legislature; authority.  The legislature, through a joint committee comprising members of the house of representatives and senate, shall have the authority to subpoena witnesses and documents, should further investigation into the reports submitted by the correctional institutions oversight commission be necessary.

     §    -6   Training.  Before the correctional institutions oversight commission conducts its work, a curriculum shall be created, and training shall be provided by a national expert in the oversight of correctional facilities."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for training, travel and other expenses incurred by the comission.

     The sums appropriated shall be expended by the state auditor for the purposes of this Act.

     SECTION 4.  This act shall take effect on July 1, 2011.

 

     INTRODUCED BY:

_____________________________

 

 



Report Title:

Correctional Institutions Oversight Commission

 

Description:

Establishes a Correctional Institutions Oversight Commission to foster transparency and accountability in state prisons and jails.  Effective July 1, 2011.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.