Allows for the development of correctional treatment facilities. Requires a private developer's bid to be at least 5% less than the cost of the State running a correctional treatment facility. Allows judges to divert classified substance abusers into a correctional treatment facility.

A BILL FOR AN ACT

SECTION 1. The overcrowded conditions at prisons statewide are well documented and solutions such as transfer to out of state facilities and the creation of out of state facilities only address the symptom of a greater problem.

Prison overcrowding is a symptom of a society plagued, in part, by substance abuse. Of the numerous prisoners incarcerated within our prison system, many are imprisoned for substance abuse related crimes. More are imprisoned for non-substance abuse crimes, such as robbery, assault, and theft, where the primary motivation for the commission of the crime was substance abuse. The addictive nature of narcotics such as crystal methamphetamine is such that prison overcrowding and recidivism are virtually guaranteed if imprisonment alone is the State's solution to the problem.

The purpose of this Act is to propose a common sense solution. Correctional treatment facilities strike at the heart of repeat substance abuse through proven behavioral management and treatment programs while addressing prison overcrowding by diverting abusers who show promise for rehabilitation away from prison. By allowing for the public and private development of such facilities, we can address the problem of substance abuse and the symptom of prison overcrowding in a proven and cost effective manner.

SECTION 2. Section 353-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Correctional treatment facility" means a public or private facility that combines incarceration, behavioral management, and substance abuse treatment programs in order to reduce recidivism in cases of substance abusers serving prison sentences."

SECTION 3. Section 353-16.35, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353-16.35[]] Development of in-state correctional facilities. (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development of private in-state correctional facilities, public or private correctional treatment facilities, or public in-state turnkey correctional facilities, to reduce prison overcrowding. Any development proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:

For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation.

(b) Any private developer of an in-state correctional facility or correctional treatment facility shall submit a development proposal including the planned operational costs of the facility. The planned operational costs of the facility must be at least five per cent less than the operational cost of the State running a similar facility in order to be considered."

SECTION 4. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Authority to adopt operational criteria for correctional treatment facilities. The director of public safety shall adopt all operational criteria for correctional treatment facilities."

SECTION 5. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706- Sentencing to correctional treatment facilities; criteria. (1) After consideration of the factors set forth in sections 706-606 and 706-621, the court may sentence a convicted defendant to incarceration in a correctional treatment facility if the convicted defendant meets one of the following criteria:

(a) The defendant is a young adult defendant and:

(2) Any defendant sentenced under this section shall be required to abstain from the use of alcohol and any controlled substances as a condition of parole, probation, or early release. Any revocation of the defendant's probation, parole, or early release shall also require the incarceration of the defendant."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.