STAND. COM. REP. NO. 1076-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2433
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Public Safety and Military Affairs and
Labor and Public Employment, to which was referred S.B. No. 2433,
S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO PRISONS,"

beg leave to report as follows:

     The purpose of this bill is to authorize the Director of
Public Safety, with the approval of the Governor, to enter into
contracts with private entities to manage in-state correctional
facilities constructed after the effective date of this bill.

     Your Committees received testimony in support of this bill
from the Department of Public Safety and the Hawaii Island
Alliance for the Future.  Your Committees received testimony in
support of the intent of this measure from the Chamber of
Commerce of Hawaii and the Hawaii Island Economic Development
Board.  The American Civil Liberties Union provided testimony
with serious concerns about this measure.  The United Public
Workers, the Hawaii Government Employees Association, the
Community Alliance on Prisons, and E Ho`opakele (Project Rescue)
submitted testimony in opposition to this measure.

     Your Committees have amended this bill by deleting its
contents and incorporating language from H.B. 2739, H.D. 2, and
H.B. 2741, H.D. 1.  As amended, key parts of this bill provide
for language:


 
 
                                 STAND. COM. REP. NO. 1076-00
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     (1)  Authorizing the Governor to negotiate for the
          development of a private correctional facility;

     (2)  Specifying that this facility be capable of housing
          both minimum and medium security inmates;

     (3)  Identifying the location for this facility;

     (4)  Specifying that the facility accommodate a minimum of
          1,700 live-in inmates;

     (5)  Requiring that an unspecified portion of the facility's
          annual budget be earmarked for rehabilitation and
          treatment programs;

     (6)  Requiring that the funds for program personnel shall
          not be overly disproportionate to the funds for
          programmatic services;

     (7)  Appropriating the sum of $1 for the preparation of an
          environmental impact statement for the development of
          the private correctional facility;

     (8)  Specifying that the facility be operated as an
          intensive treatment facility for those inmates in need
          of substance abuse treatment.  According to each
          offender's needs, the facility shall also provide a
          wide array of culturally- and gender-appropriate
          programs, mental health services, group counseling,
          anger management programs, transitional programs,
          cognitive restructuring, remedial education and
          vocational training;

     (9)  Establishing a citizens oversight committee involved in
          the siting, design, and monitoring of the facility;

     (10) Forbidding inmates from out-of-state facilities to be
          transferred to the private facility;

     (11) Allowing for various forms of oversight and inspection
          by the auditor, the state procurement officer, the
          ombudsman, and the media;

     (12) Limiting the input of the private operator concerning
          which offenders are housed in the facility and when the
          inmates are to leave the facility;


 
 
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     (13) Describing the division of authority between the
          operator and the state concerning security, escapes,
          and emergencies;

     (14) Requiring the facility to comply with all national,
          state, and local regulations, laws, and accreditation
          standards;

     (15) Exempting the private correctional facility from
          chapters 42D, 42F, and 103F, Hawaii Revised Statutes;
          and

     (16) Providing for financial rewards to the private operator
          for preparing inmates for successful reintegration to
          free society and for financial penalties against the
          private operator for those inmates that are not
          successful;

     (17) Granting a ten per cent preference to providers of
          services and rehabilitative programs that take into
          account the cultural needs of the prison population;
          and

     (18) Restricting the transfer of federal inmates to the
          private facility to those transfers approved by the
          director.

     As affirmed by the records of votes of the members of your
Committees on Public Safety and Military Affairs and Labor and
Public Employment that are attached to this report, your
Committees are in accord with the intent and purpose of S.B. No.
2433, S.D. 2, as amended herein, and recommend that it pass
Second Reading in the form attached hereto as S.B. No. 2433, S.D.
2, H.D. 1, and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Public Safety
                                   and Military Affairs and Labor
                                   and Public Employment,

                                   
                                   
                                   
                                   
______________________________     ______________________________
TERRY NUI YOSHINAGA, Chair         NESTOR GARCIA, Chair