REPORT TITLE:
CORRECTIONAL TREATMENT
FACILITIES


DESCRIPTION:
Amends the Hawaii Revised Statutes to allow for the development
of correctional treatment facilities.  Adds section requiring a
private developer's bid to be at least five percent (5%) less
than the cost of the State running a correctional treatment
facility.  Amends sentencing law to allow judges to divert
classified substance abusers into a correctional treatment
facility.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2346
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CORRECTIONAL TREATMENT FACILITIES. 


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

 1      SECTION 1.  The overcrowded conditions at prisons statewide
 
 2 is well documented and solutions such as transfer to out of state
 
 3 facilities and the creation of out of state facilities only
 
 4 address the symptom of a greater problem.
 
 5      Prison overcrowding is a symptom of a society plagued, in
 
 6 part, by substance abuse.  Of the numerous prisoners incarcerated
 
 7 within our prison system, many are imprisoned for substance abuse
 
 8 related crimes.  More are imprisoned for non-substance abuse
 
 9 crimes, such as robbery, assault, and theft, where the primary
 
10 motivation for the commission of the crime was substance abuse.
 
11 The addictive nature of narcotics such as crystal methamphetamine
 
12 is such that prison overcrowding and recidivism are virtually
 
13 guaranteed if imprisonment alone is the State's solution to the
 
14 problem.
 
15      The purpose of this bill is to propose a common sense
 
16 solution.  Correctional treatment facilities strike at the heart
 
17 of repeat substance abuse through proven behavioral management
 
18 and treatment programs while addressing prison overcrowding by
 
19 diverting abusers who show promise for rehabilitation away from
 
20 prison.  By allowing for the public and private development of
 

 
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 1 such facilities, we can address the problem of substance abuse
 
 2 and the symptom of prison overcrowding in a proven and cost
 
 3 effective manner.
 
 4      SECTION 2.  Section 353-1, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      §353-1 Definitions; director may delegate powers.  As used
 
 7 in this chapter, unless the context otherwise requires:
 
 8      "Committed person" means a person committed to the custody
 
 9 of the director of public safety for imprisonment pursuant to
 
10 chapter 706, including a probationer serving a term of
 
11 imprisonment pursuant to section 706-624(2)(a) and a misdemeanant
 
12 or petty misdemeanant sentenced pursuant to section 706-663.
 
13      "Correctional Treatment Facility" means a public or private
 
14 facility that combines incarceration, behavioral management, and
 
15 substance abuse treatment programs in order to reduce recidivism
 
16 in cases of substance abusers serving prison sentences.
 
17      "Department" means the department of public safety.
 
18      "Director" means the director of public safety; provided
 
19 that the signing or approval of vouchers and other routine
 
20 matters may be delegated by the director to any authorized
 
21 subordinate."
 
22      SECTION 3.  Section 353-16.35, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "[§353-16.35]  Development of in-state correctional
 
 2 facilities.  (a) Notwithstanding any other law to the contrary,
 
 3 the governor, with the assistance of the director, may negotiate
 
 4 with any person for the development of private in-state
 
 5 correctional facilities, public or private correctional treatment
 
 6 facilities, or public in-state turnkey correctional facilities,
 
 7 to reduce prison overcrowding.  Any development proposal shall
 
 8 address the construction of the facility separate from the
 
 9 operation of the facility and shall consider and include:
 
10           (1)  The percentage of low, medium, and high security
 
11                inmates and the number of prison beds needed to
 
12                incarcerate each of the foregoing classes of
 
13                inmates;
 
14           (2)  The facility's impact on existing infrastructure,
 
15                and an assessment of improvements and additions
 
16                that will be necessary;
 
17           (3)  The facility's impact on available modes of
 
18                transportation, including airports, roads, and
 
19                highways; and
 
20           (4)  A useful life costs analysis.
 
21 For the purposes of this section, "useful life costs" means an
 
22 economic evaluation that compares alternate building and
 
23 operating methods and provides information on the design,
 

 
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 1 construction methods, and materials to be used with respect to
 
 2 efficiency in building maintenance and facilities operation.
 
 3      (b) Any private developer of an in-state correctional
 
 4 facility or correctional treatment facility shall submit a
 
 5 development proposal including the planned operational costs of
 
 6 the facility.  The planned operational costs of the facility must
 
 7 be at least five percent less than the operational cost of the
 
 8 state running a similar facility in order to be considered."
 
 9      SECTION 4.  Chapter 353, Hawaii Revised Statutes, is amended
 
10 by adding a new section to be appropriately designated and to
 
11 read as follows:
 
12      "§353  Authority to promulgate operational criteria for
 
13 correctional treatment facilities.  The director of public safety
 
14 shall promulgate all operational criteria for correctional
 
15 treatment facilities."
 
16      SECTION 5.  Chapter 706, Hawaii Revised Statutes, is amended
 
17 by adding a new section to be appropriately designated and to
 
18 read as follows:
 
19      "§706  Sentencing to correctional treatment facilities;
 
20 criteria.  After consideration of the factors set forth in
 
21 sections 706-606 and 706-621, the court may sentence a convicted
 
22 defendant to incarceration in a correctional treatment facility
 
23 if the convicted defendant meets one of the following criteria:
 

 
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 1           (a)  The defendant is a young adult defendant and
 
 2                (1)  The crime for which the young adult defendant
 
 3                     was convicted is classified as either a
 
 4                     violation, petty misdemeanor, misdemeanor, or
 
 5                     a class C felony and 
 
 6                (2)  the primary motivation for the crime was
 
 7                     related to substance abuse; or
 
 8           (b)  The crime for which the defendant was convicted is
 
 9                driving under the influence of intoxicating liquor
 
10                under sections 291-4 or 291-4.4; or
 
11           (c)  The defendant will be incarcerated because of a
 
12                substance abuse relapse where abstinence is a
 
13                condition of parole, probation, or release."
 
14      SECTION 5.  New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect upon its approval.
 
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