STAND. COM. REP. NO. 2776

                                   Honolulu, Hawaii
                                                     , 2000

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




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B.
No. 2433, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO PRISONS,"

begs 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.

     This bill further requires that the Director appoint a state
monitor to oversee all aspects and operations of the facility and
to report to the Director any conditions that the monitor
perceives to be a threat to the safety of the inmates, the
employees, and the public.  The bill also specifies that certain
contractual provisions be included in the contract awarded to the
private entity.

     In addition, this bill repeals section 353-16.3, Hawaii
Revised Statutes, which grants the Governor the authority to
negotiate with an out-of-state jurisdiction to develop a Hawaii
correctional facility in that other jurisdiction.  This bill also
repeals section 353-16.36, Hawaii Revised Statutes, regarding
contracts for construction of correctional facilities by private
entities, and inserts the material in that repealed section as
new language in section 353-16.35, Hawaii Revised Statutes.

 
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                                   STAND. COM. REP. NO. 2776
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     Your Committee finds that continued overcrowding in the
State's correctional facilities has reached the point at which
the State can no longer afford to postpone its need for the
construction of a new prison and the additional public security
it will provide.  Overcrowded facilities leave the State highly
vulnerable to exposure for civil rights violations and security
risks.  Your Committee finds that this bill will help to reduce
prison overcrowding by facilitating the construction of in-state
correctional facilities to be managed by private entities.

     Upon further consideration, your Committee has amended this
bill by:

     (1)  Deleting references in section 2 of the bill to chapter
          343, Hawaii Revised Statutes (environmental impact
          statements), and county ordinances;

     (2)  Deleting section 4 of the bill, which repealed section
          353-16.3, Hawaii Revised Statutes (development of out-
          of-state Hawaii correctional facilities); and

     (3)  Making technical, nonsubstantive changes for the
          purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2433, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 2433, S.D.
2.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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