REPORT TITLE:
Prison operation


DESCRIPTION:
Authorizes the governor and the director of public safety to
consider a managed competition process for operation of in-state
correctional facilities constructed after the effective date of
this Act; requires that certain contractual provisions be
included within the contract; designates possible sites for the
construction of a prison. (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PRISONS.



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

 1                              Part I.
 
 2      SECTION 1.  The legislature finds that the State can no
 
 3 longer afford to postpone the critical need for the construction
 
 4 of a new prison and the additional bed spaces it will provide.
 
 5 For example, Halawa correctional facility is the only medium
 
 6 security prison in the State and is currently overcrowded by more
 
 7 than double its capacity, even with the 1,200 inmates housed in
 
 8 mainland facilities.  The legislature further finds that as
 
 9 overcrowding continues, the State is placed in an extremely
 
10 vulnerable position with regards to exposure for civil rights
 
11 violations and security risks.
 
12      The legislature notes that under existing law, the governor
 
13 and the director of public safety have the authority to act to
 
14 reduce prison overcrowding.  Pursuant to section 353-16.3, Hawaii
 
15 Revised Statutes, the governor may negotiate with an out-of-state
 
16 jurisdiction to develop a Hawaii correctional facility in that
 
17 other jurisdiction.  In addition, sections 353-16.35 and 353-
 
18 16.36, Hawaii Revised Statutes, authorize the governor to
 
19 negotiate with private entities for the development and
 
20 construction of in-state correctional facilities, which the State
 

 
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 1 or a private entity may own.  Section 353-16.2, Hawaii Revised
 
 2 Statutes, clearly authorizes Hawaii inmates to be housed in out-
 
 3 of-state facilities that are owned by other state governments or
 
 4 private entities, and that are operated by non-State of Hawaii
 
 5 personnel.  The legislature further notes that similar
 
 6 authorization has not been enacted to permit in-state, privately
 
 7 developed and owned correctional facilities to be managed,
 
 8 operated, or staffed by non-State of Hawaii personnel.  In
 
 9 addition, the legislature has not authorized the governor or the
 
10 director of public safety to contract with a private entity to
 
11 operate state-owned new or existing correctional facilities.
 
12      In Konno v. County of Hawaii, 85 Haw. 69 (1997), the Supreme
 
13 Court concluded that absent legislative authorization for non-
 
14 civil servants to perform services customarily and historically
 
15 performed by civil servants, such services must be performed by
 
16 civil servants.  The State's correctional facilities have been
 
17 staffed customarily and historically by employees of the State
 
18 who are civil servants.  If in-state correctional facilities,
 
19 particularly those developed by private entities to relieve
 
20 prison overcrowding, are to be staffed by persons other than
 
21 civil servants, express authority for implementing such a
 
22 staffing plan must be conferred by the Legislature.
 
23      The legislature realizes that precedent exists for the
 

 
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 1 private sector to assist the State with its corrections-related
 
 2 responsibilities.  Section 352-3, Hawaii Revised Statutes,
 
 3 authorizes the department of human services, to contract with
 
 4 private agencies to provide residential youth facilities.
 
 5      Therefore, the purpose of this bill is to:
 
 6      (1)  Authorize the director of public safety, with the
 
 7           approval of the governor, to use a managed competition
 
 8           process for the operation of in-state correctional
 
 9           facilities constructed after the effective date of this
 
10           Act; 
 
11      (2)  Repeal section 353-16.3, Hawaii Revised Statutes, that
 
12           grants the governor the authority to negotiate with an
 
13           out-of-state jurisdiction to develop a Hawaii
 
14           correctional facility in that other jurisdiction; 
 
15      (3)  Repeal section 353-16.36, Hawaii Revised Statutes,
 
16           which is reenacted in the new subsections of 353-16.35;
 
17           and
 
18      (4)  Designate a possible site for construction of a Hawaii
 
19           correctional facility.
 
20                             Part II. 
 
21      SECTION 2.  Pilot process for managed competition to operate
 
22 a new Hawaii correctional facility. The department of public
 
23 safety shall use a managed competition process to determine who
 

 
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 1 shall operate the new state correctional facility.  The initial
 
 2 contract shall be for a six year interval from the date of
 
 3 completion of construction.
 
 4      Step 1 - Operational Plan Development.(a) One of the
 
 5 primary purposes of developing this operational plan shall be to
 
 6 identify all existing barriers to achieving optimum efficiencies
 
 7 and economies in the new facility's operation.  The director of
 
 8 public safety shall identify, analyze, quantify, and assign all
 
 9 operating costs associated with implementing the operational plan
 
10 in-house, including but not limited to costs for labor,
 
11 materials, equipment, utilities, debt service, litigation and
 
12 claims, training, depreciation, insurance, and direct and
 
13 indirect costs that are common to all state agencies and that the
 
14 director of finance and comptroller shall provide.  Using these
 
15 costs, the director of public safety shall quantify the total
 
16 cost of implementing the operational plan to operate the new
 
17 facility for the specified operating interval in-house.  To carry
 
18 out this purpose, the director may include provisions
 
19 inconsistent with any existing work rule, administrative
 
20 directive, or practice or procedure.
 
21      (b) At least 18 months prior to the scheduled completion of
 
22 the new facility, the director of public safety, with the
 
23 assistance of a committee comprising as many department of public
 

 
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 1 safety managers as the director designates, representatives from
 
 2 the department of human resources development, and exclusive
 
 3 representatives of the employees of the department of public
 
 4 safety, shall develop an operational plan for the operation of
 
 5 the new facility.  The plan shall identify and describe, in
 
 6 detail:
 
 7      (1)  Programs, including but not limited to education,
 
 8           training, employment, physical fitness, and substance
 
 9           abuse treatment that shall be implemented to provide
 
10           for the care, custody and treatment of the inmates
 
11           confined at the new facility;
 
12      (2)  Inmate classification and assessment system, including
 
13           the development of a prescriptive treatment plan for
 
14           each inmate; 
 
15      (3)  Standards, including but not limited to physical plant,
 
16           health care, life safety code, disciplinary, and
 
17           staffing standards, that shall be satisfied to ensure
 
18           the health and safety of the inmates confined at the
 
19           new facility;
 
20      (4)  Practices and procedures to be used to ensure proper
 
21           execution of sentences and orders of the courts, proper
 
22           care and treatment of inmates, appropriate discipline
 
23           and control of inmates, and the security of all
 

 
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 1           inmates, staff, and the general community, including
 
 2           appropriate correctional officer posts required to meet
 
 3           the requirements of (1) and (2); and
 
 4      (5)  Executive orders, administrative rules, regulations,
 
 5           guidelines, procedures, directives, and other
 
 6           provisions relevant to or impacted by the new
 
 7           facility's construction and use, including rules,
 
 8           procedures and classification plans prescribed by the
 
 9           director of human resources development pursuant to
 
10           sections 76-13 and 76-17, Hawaii Revised Statutes, and
 
11           other provisions of Title 7, Hawaii Revised Statutes,
 
12           rules and procedures of the departments of accounting
 
13           and general services and budget and finance, and terms
 
14           and conditions of employment collectively bargained and
 
15           reduced to writing in contracts between the State and
 
16           the exclusive representatives of persons employed by
 
17           the department.
 
18      Step 2 - Requests for Proposals.  In accordance with section
 
19 103D-303, Hawaii Revised Statutes, and except as otherwise
 
20 provided by this Act, the state procurement administrator, with
 
21 the assistance of the director of public safety, shall develop
 
22 specifications and evaluation criteria based on the operational
 
23 plan, and shall solicit competitive sealed bid proposals from
 

 
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 1 private providers to operate the new facility in accordance with
 
 2 the operational plan.  The director of public safety and the
 
 3 state procurement administrator shall conduct all discussions and
 
 4 evaluations required by section 103D-303, Hawaii Revised
 
 5 Statutes, and shall jointly determine which of the offerors'
 
 6 proposals is most advantageous to the State.
 
 7      Step 3 - Initial Review and Determination.  After the
 
 8 completion of Steps 1 and 2, an initial review shall be made by
 
 9 the director of public safety and the administrator of the state
 
10 procurement office of the offeror's proposals determined to be
 
11 most advantageous to the State, compared to the total cost of
 
12 operations as determined in Step 1.  If the total cost is
 
13 determined to be equal to or less than the dollar amount of the
 
14 most advantageous offer to the State, the State shall operate the
 
15 new correctional facility in accordance with the operational
 
16 plan.
 
17      Step 4 - Collective Bargaining Negotiations.  The director
 
18 of public safety shall consult with the director of human
 
19 resources development and the chief negotiator for the State to
 
20 determine whether and to what extent existing collective
 
21 bargaining agreement needs to be amended to allow in-house
 
22 implementation of the operational plan.  The chief negotiator
 
23 shall notify all exclusive representatives of the department of
 

 
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 1 public safety's employees, of the opportunity to negotiate a
 
 2 supplemental agreement for the purpose of making additions or
 
 3 adjustments to the existing agreements in order to implement the
 
 4 operational plan.
 
 5      If, within ten days of the chief negotiator's request, the
 
 6 exclusive representatives fail to agree to reopen the existing
 
 7 collective bargaining agreements, the director of public safety
 
 8 shall award the contract to operate the new facility for the
 
 9 specified operating interval to the offeror of the proposal
 
10 determined to be most advantageous to the State.
 
11      If the exclusive representatives of employees of the
 
12 department of public safety agree reopen the existing collective
 
13 bargaining agreements, the director of public safety shall
 
14 disclose to the exclusive representatives, the specific details
 
15 of the total cost associated with using department of public
 
16 safety personnel to implement the operational plan in-house and
 
17 all operating costs comprising that total, and the specific
 
18 details and price of the proposal determined most advantageous to
 
19 the State, to assist the exclusive representatives in
 
20 negotiations for implementation of the operational plan.
 
21      The parties shall proceed to negotiate in good faith.  If,
 
22 notwithstanding such good faith negotiations, no agreement is
 
23 reached between the State and any one of the exclusive
 

 
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 1 representatives within 60 days of the chief negotiator's request
 
 2 to negotiate supplemental agreements, the director of public
 
 3 safety shall award the contract to operate the new facility for
 
 4 the specified operating interval to the offeror of the proposal
 
 5 determined to be most advantageous to the State.  If the State
 
 6 and the exclusive representatives agree to supplemental
 
 7 collective bargaining agreements, the director shall initiate
 
 8 Step 5. 
 
 9      Step 5 - In-House Cost/Contractor Price Comparison.  The
 
10 director of public safety shall revise the total cost of
 
11 operating the new facility quantified in the operational plan to
 
12 reflect the effect of the amendments to the existing collective
 
13 bargaining agreements and compare this revised total cost to the
 
14 price of the proposal determined to be most advantageous to the
 
15 State.  If the revised total cost is equal to or less than the
 
16 dollar amount of the private contractor's price, the director
 
17 shall award the contract for in-house management and the State
 
18 and the exclusive representatives shall execute the amendments to
 
19 the respective collective bargaining contracts.  If the revised
 
20 total cost is above the dollar amount of the private contractor's
 
21 price, the director shall award the contract to the private
 
22 contractor whose offer is most advantageous to the State.
 

 
 
 
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 1      Step 6 - Performance Monitoring.  During the operating
 
 2 interval the director of public safety, in consultation with the
 
 3 state monitor, if the facility is being operated by a private
 
 4 contractor, shall annually evaluate the operation of the facility
 
 5 to ensure that all services and tasks are being performed in
 
 6 accordance with the operational plan.  If the facility is being
 
 7 operated by a private contractor, the director of public safety
 
 8 may replace the private contractor if the director determines
 
 9 that the:
 
10      (1)  Operational plan is not being satisfactorily
 
11           implemented by the contractor;
 
12      (2)  Actual operating costs of operation of the new facility
 
13           exceed the operating costs comprising Step 2 total
 
14           cost; or
 
15      (3)  Contractor has abandoned or materially breached its
 
16           contract before the contract's expiration.
 
17      If the director determines that a replacement contractor is
 
18 necessary, the director of public safety shall immediately assume
 
19 operational control of the facility, if it is being operated by a
 
20 private contractor.  If the new facility is operated by a private
 
21 contractor, the director shall have the sole discretion to
 
22 provide for the continued operation of the new facility by
 
23 either:
 

 
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 1      (1)  Re-initiating the process at Step 1;
 
 2      (2)  Offering a contract to the private sector offeror with
 
 3           the next most advantageous price to the State under
 
 4           Step 2, if the price proposed is less than the revised
 
 5           Step 1 total cost, or if the director is replacing the
 
 6           department's employees; or
 
 7      (3)  Replacing the contractor with the department's
 
 8           employees if the revised Step 1 total cost is equal to
 
 9           or less than the price of the next most advantageous
 
10           private sector offer.
 
11      The director may make offers under this replacement
 
12 procedure until offers have been made to all private sector
 
13 offerors and the department's employees or, in the sole
 
14 discretion of the director, the director determines that it is in
 
15 the State's interest to initiate Step 1 of this process instead.
 
16      If a private contractor is replaced by the department's
 
17 employees, the State and the employees' exclusive representatives
 
18 shall set out and execute the amendments to the collective
 
19 bargaining contracts agreed to in Step 3 of this process.  
 
20      If the facility is operated in-house, the director may
 
21 replace employees for breach of the supplemental bargaining
 
22 agreements subject to a decision by the Hawaii labor relations
 
23 board.
 

 
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 1      SECTION 3.  If the contract for operation of the new state
 
 2 correctional facility is awarded to a private contractor, the
 
 3 director of public safety shall appoint a state monitor to
 
 4 oversee all aspects of the operation of the facility and to
 
 5 report to the director any conditions which the monitor perceives
 
 6 to be a threat to the safety of the inmates, the employees, and
 
 7 the public.  Any contract executed pursuant to this section shall
 
 8 include, but not be limited to, the following provisions:
 
 9      (1)  Notification to the director of any inmate escapes or
 
10           attempted escapes;
 
11      (2)  Assessment of a financial sanction for any inmate
 
12           escapes or attempted escapes, and for failure to notify
 
13           the director of such;
 
14      (3)  Access to all areas of the correctional facility to the
 
15           state monitor at all times;
 
16      (4)  Compliance with the standards set by any applicable
 
17           national accreditation bodies selected by the director;
 
18      (5)  Reasonable access to educational and rehabilitative
 
19           programs for inmates;
 
20      (6)  Approval from the department for transfer of an inmate
 
21           to another correctional facility;
 

 
 
 
 
 
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 1      (7)  The contractor shall not make a decision that affects
 
 2           the sentence imposed on an inmate or the time served by
 
 3           an inmate, nor make recommendations to the Hawaii
 
 4           paroling authority with respect to the denial or
 
 5           granting of parole or release, except to submit reports
 
 6           to the Hawaii paroling authority and to respond to
 
 7           requests by the department or the Hawaii paroling
 
 8           authority;
 
 9      (8)  The contractor shall not require that inmates engage in
 
10           any type of work, except to the extent that those
 
11           requirements are accepted by the department;
 
12      (9)  The contractor shall not determine inmate eligibility
 
13           for any form of release from a correctional facility;
 
14      (10) Provide training for all of its employees authorized to
 
15           use force on inmates approved by the department, and
 
16           only employees who complete the training satisfactorily
 
17           shall be authorized to use force on inmates;
 
18      (11) In the event of a strike, the National Labor Relations
 
19           Act shall apply;
 
20      (12) Any renewal of the contract shall be contingent, in
 
21           part, upon the State's satisfaction with the recidivism
 
22           rates of former inmates housed within the privately
 
23           managed and operated prison; 
 

 
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 1      (13) Provide access to the state auditor or a person
 
 2           contracting with the auditor to all areas of the
 
 3           facility and all records maintained onsite or offsite
 
 4           that pertain to all aspects of the facility, including
 
 5           the operation, financial, and inmate records; and
 
 6      (14) The contractor shall submit an annual financial and
 
 7           management report to the legislature twenty days prior
 
 8           to the convening of the regular session.
 
 9      SECTION 4.  All determinations made by the department of
 
10 public safety, its director, or the administrator of the state
 
11 procurement office pursuant to this Act shall be final.  No suit
 
12 may be brought under any law, including but not limited to the
 
13 laws relating to civil service, collective bargaining, public
 
14 contracts, procurement, or chapters 632, 661, or 662, Hawaii
 
15 Revised Statutes, to challenge determinations made or contracts
 
16 awarded by the administrator of the state procurement office, the
 
17 department of public safety or its director, once a contract to
 
18 operate the new facility is awarded; provided that this section
 
19 shall not preclude a contractor from bringing suit for breach of
 
20 a contract awarded under the process set forth by this Act.
 
21 Challenges otherwise permitted by section 103D-701, Hawaii
 
22 Revised Statutes, may be brought prior to an award.  Services
 
23 secured by the State under any contract awarded under the process
 

 
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 1 set forth by this Act, and positions and persons providing those
 
 2 services, are exempt from the civil service and excluded from
 
 3 collective bargaining, and all of the provisions of chapters 76,
 
 4 77, and 89, Hawaii Revised Statutes.
 
 5      SECTION 5.  The director of public safety may enter into
 
 6 contracts pursuant to chapter 103D, Hawaii Revised Statutes,
 
 7 which shall not be subject to chapters 76, or 77, Hawaii Revised
 
 8 Statutes, to obtain the advice and services of consultants to
 
 9 develop the operational plan required under this Act.
 
10      SECTION 6.  Nothing in this Act shall reduce or otherwise
 
11 alter any authority the department of public safety presently has
 
12 or subsequently is given to obtain a service by employment or
 
13 contract, from a non-civil servant, a contractor, or a person
 
14 holding a position exempt from the civil service.
 
15      Any provision of law or rules adopted pursuant to chapters
 
16 76, 77, 89, or 103D, Hawaii Revised Statutes, or any section of
 
17 Title 7 of the Hawaii Revised Statutes that is inconsistent with
 
18 the provisions or requirements of this Act shall not apply, to
 
19 ensure that the operation of the new facility is accomplished
 
20 with optimum efficiency and economy.
 
21      SECTION 7.  All supplemental collective bargaining
 
22 agreements negotiated pursuant to Section 2, shall remain in
 
23 effect for the life of the contract.
 

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

 
 
 
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 1 For the purposes of this section, "useful life costs" means an
 
 2 economic evaluation that compares alternate building and
 
 3 operating methods and provides information on the design,
 
 4 construction methods, and materials to be used with respect to
 
 5 efficiency in building maintenance and facilities operation.
 
 6      (b)  The governor may enter into and execute contracts in
 
 7 the name of the State with any private entity to construct and
 
 8 then lease or purchase correctional facilities on public or
 
 9 private lands for the benefit of the State.
 
10      (c)  The director, with the assistance of appropriate state
 
11 agencies, shall provide criteria, guidelines, and specifications
 
12 for the development of the facility.
 
13      (d)  Any contract issued pursuant to this section shall
 
14 comply with the provisions of section 353-16.37 and chapter 343."
 
15      SECTION 9.  Section 353-16.3, Hawaii Revised Statutes, is
 
16 repealed.
 
17      ["§353-16.3  Development of out-of-state Hawaii correctional
 
18 facilities.  Notwithstanding any other provision to the contrary,
 
19 the governor, with the assistance of the director, may negotiate
 
20 with any appropriate out-of-state jurisdiction for the
 
21 development of Hawaii correctional facilities to reduce prison
 
22 overcrowding; provided that any agreement negotiated pursuant to
 
23 this section shall be subject to legislative approval by
 
24 concurrent resolution in any regular or special session."]
 

 
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 1      SECTION 10.  Section 353-16.36, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      ["[§353-16.36]  Contracts for construction of correctional
 
 4 facilities by private entities.  The governor may enter into and
 
 5 execute contracts in the name of the State with any private
 
 6 entity to construct and then lease or purchase correctional
 
 7 facilities on public or private lands for the benefit of the
 
 8 State."]
 
 9      SECTION 11.  Section 96-1, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§96-1 Definitions.  (a)  "Agency" includes any permanent
 
12 governmental entity, department, organization, [or] institution,
 
13 or any corporation, partnership, business, firm, governmental
 
14 entity, or person who is providing privatized correctional
 
15 services under contract with the state and any officer, employee,
 
16 or member thereof acting or purporting to act in the exercise of
 
17 the officer's, employee's, or member's official duties, except:
 
18      (1)  The judiciary and its staff;
 
19      (2)  The legislature, its committees, and its staff;
 
20      (3)  An entity of the federal government;
 
21      (4)  A multistate governmental entity;
 
22      (5)  The governor and the governor's personal staff;
 
23      (6)  The lieutenant governor and the lieutenant governor's
 
24           personal staff;
 

 
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 1      (7)  The mayors of the various counties; and
 
 2      (8)  The councils of the various counties.
 
 3      (b)  "Administrative act" includes any action, omission,
 
 4 decision, recommendation, practice, or procedure, but does not
 
 5 include the preparation or presentation of legislation."
 
 6                             Part IV. 
 
 7      SECTION 12.  Pursuant to section 353-16.35, Hawaii Revised
 
 8 Statutes, the governor is authorized to negotiate with any person
 
 9 for the development of a private correctional facility having the
 
10 primary purpose of rehabilitation and capable of housing both
 
11 minimum and medium security inmates in a secure setting to be
 
12 situated on lands identified as a portion of TMK 3-1-6-001-025
 
13 and 3-1-6-001-002, provided that if a site is selected in east
 
14 Hawaii county, the department shall partner with the east Hawaii
 
15 prison advisory council pursuant to section 353-16.37, Hawaii
 
16 Revised Statutes, or on any other appropriate site within the
 
17 State; provided that the facility shall:
 
18      (1)  Have a bed capacity to accommodate a minimum of one
 
19           thousand seven hundred inmates, with the possibility of
 
20           expansion of both bed capacity and program space;
 
21      (2)  Offer an extensive rehabilitation and treatment program
 
22           in a facility that provides gender specific treatment
 
23           as follows:
 

 
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 1           (A) Comprehensive and integrated treatment approach to
 
 2           rehabilitate and resocialize inmates;
 
 3           (B) Substance abuse treatment, including co-occurring
 
 4           diagnoses; and
 
 5           (c) Mental health treatment;
 
 6 provided that no inmate shall be placed in the facility who
 
 7 requires mental health treatment or physical care that is not
 
 8 reasonably available in the facility;
 
 9      (3)  Have sufficient classrooms to accommodate the
 
10           rehabilitation and treatment programs; and
 
11      (4)  Offer a variety of correctional industry and
 
12           educational programs to ensure that when inmates are
 
13           released from the facility, they will successfully make
 
14           the transition back to society equipped with employable
 
15           skills;
 
16 provided further that a substantial amount of the facility's
 
17 operating capacity shall be designated for rehabilitation and
 
18 treatment programs; and provided further that funds for program
 
19 personnel shall not be overly disproportionate to the funds for
 
20 programmatic services.
 
21      The developer of the facility shall be responsible for the
 
22 preparation of an environmental impact statement for the
 
23 development of a private correctional facility as provided in
 
24 this Act.
 

 
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 1      SECTION 13.  Any funds appropriated for the development of a
 
 2 new correctional facility may be used to match federal funds as
 
 3 may be available.
 
 4                              Part V.
 
 5      SECTION 14.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 15.  This Act shall take effect upon its approval;
 
 8 provided that Part II. shall take effect on July 1, 2000.