HB771 SD1

Report Title:

Prisons; Research Corporation of UH; Rehabilitation

Description:

Allows the governor to contract with the research corporation of the University of Hawaii to develop prison inmate housing facilities and rehabilitation programs on the Big Island; makes appropriation; exempts crime victim compensation special fund from central service and administrative charges. (SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	771
TWENTY-FIRST LEGISLATURE, 2001		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

relating to CRIME.

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

PART I.

SECTION 1. The legislature finds that due to public support for mandatory sentences and longer terms of imprisonment, Hawaii’s correctional facilities are being overwhelmed by inmates. To address this issue in a manner that minimizes social, economic, and public safety problems, the State needs to look at innovative strategies to accommodate these inmates.

The legislature further finds that the conditions which contribute to the commission of crimes by offenders must be addressed with innovative strategies to reduce the number of persons being incarcerated. Innovative solutions must be found to address the major underlying factors which may lead to criminal activity. Many of these conditions also affect criminals who commit crimes but are not caught, or are caught but not convicted. New strategies are required to minimize social, economic, and public safety problems requiring appropriate, quality facilities, and innovative programs to address the underlying causes of criminal behavior.

One strategy to house inmates is to provide a rehabilitation center using the design and build approach which has the potential to quickly deliver a rehabilitation center that is built to standards with fixed up front costs. This approach:

(1) Provides a single source of responsibility;

(2) Reduces manager and administrative burdens;

(3) Protects the owner from liability;

(4) Reduces project delivery time;

(5) Reduces design costs;

(6) Provides on—target budget assurance;

(7) Encourages inventive design solutions; and

(8) Reduces project management stress.

Another innovative strategy to house inmates is the lease or finance approach using certificates of participation. Under this approach:

(1) The developer has total responsibility to construct the facility;

(2) Facilities financed with certificates of participation do not count against the State’s constitutional debt and consequently, need not compete against other projects financed with general obligation bonds; and

(3) There is a permanent cap on any inflationary cost on the capital cost of facilities.

Accordingly, the legislature further finds that these strategies for providing a rehabilitation center to house inmates and to lease or finance the facility are particularly well-suited for complex projects that need to be completed efficiently and effectively by a developer with a qualified team of experienced architects, engineers, contractors, and subcontractors.

This strategy will provide innovative programs to address the underlying causes of crime, by providing the development of research and rehabilitation programs to reduce the number of offenders to within existing cell capacity. This would eliminate the necessity to continue building additional correctional facilities and would allow capital funds to be used to update existing facilities. This strategy includes the following:

(1) Development of a nonprofit research center to collect and analyze data from inmates to be used in developing individualized treatment programs;

(2) Research on the relationship between nutrition and behavior in offenders, including drug and sex offenders through the analysis of neurotransmitter activity, emphasizing the neurotransmitter serotonin;

(3) Research on the effects of proper balanced nutrition and exercise on inmates with diabetes, heart disease, obesity, and attention deficit disorder;

(4) Development of a detoxification program for substance abuse offenders and research concerning the relationship between detoxification and behavior;

(5) Development of a one year post-release counseling and vocational development program to assist in the re-integration of offenders;

(6) Follow-up testing of parolees for one year after release to provide data on program effectiveness and monitor neurochemical balance; and

(7) Development of a nonprofit program for offenders and parolees to build affordable panelized housing targeted to providing suitable housing for parolees, ex-offenders, and other low-income residents of the State.

The legislature further finds that the State has an opportunity to take advantage of these innovative strategies for research and rehabilitation that include programs addressing the underlying causes of criminal behavior, the development of programs to change that behavior, and programs to effectively re-integrate offenders back into society, thereby substantially reducing crime.

The purpose of this Part is to authorize the governor to enter into a contract with the research corporation of the University of Hawaii to take advantage of these and similar innovative strategies to develop a rehabilitation center and to conduct research and programs to provide effective rehabilitation.

SECTION 2. Notwithstanding section 353-16.35, Hawaii Revised Statutes, the research corporation of the University of Hawaii may negotiate, upon approval and on behalf of the governor, for the development of facilities to provide the development of a rehabilitation center on the Island of Hawaii capable of housing both minimum and medium security offenders; provided that the facility shall:

(1) Have a capacity to accommodate a minimum of four hundred male adult offenders and two hundred female adult offenders with a minimum of one year remaining on their sentences;

(2) Offer extensive rehabilitation and treatment programs as well as concomitant behavioral programs for problems such as spousal abuse;

(3) Have sufficient classrooms to accommodate the rehabilitation and treatment programs;

(4) Offer a variety of vocational industry and educational programs to ensure that when offenders are released they will successfully make the transition back to society with employable skills;

(5) House nonviolent, first-time drug offenders; and

(6) Include a research center that may be located at the facility or at another appropriate location to provide for the nonprofit research corporation to conduct research into the behavior of offenders and the effectiveness of programs and treatment. The research center should include professional, scientific researchers, and medical personnel qualified to conduct research utilizing the most innovative, state-of-the-art methodologies and technology. The research center shall provide:

(A) For the collection of test data;

(B) Research equipment and test material;

(D) Quarterly reports to the State on testing progress and results;

(E) A post-release counseling and vocational development program to assist in the re-integration of offenders to society; and

(F) A nonprofit housing corporation to build affordable housing in the new facility.

The rehabilitation center's annual operating budget shall not exceed the highest annual cost per day, per inmate to operate existing correctional facilities in the State; provided that the budget shall not be less than fifteen per cent more than the amount the State pays to house inmates in out-of-state correctional facilities under section 353-16.2, Hawaii Revised Statutes.

SECTION 3. There is appropriated out of the general

revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for preparation of an environmental impact statement for the development of a private research treatment and rehabilitation center on the Island of Hawaii as provided in this Part.

The sum appropriated shall be expended by the University of Hawaii at Manoa for the purposes of this Part.

PART II

SECTION 4. Section 36-27, Hawaii Revised Statutes, is amended to read as follows:

"§36-27 Transfers from special funds for central service expenses. Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

(1) Special summer school and intersession fund under section 302A-1310;

(2) School cafeteria special funds of the department of education;

(3) Special funds of the University of Hawaii;

(4) State educational facilities improvement special fund;

(5) Convention center capital and operations special fund under section 206X-10.5;

(6) Special funds established by section 206E-6;

(7) Housing loan program revenue bond special fund;

(8) Housing project bond special fund;

(9) Aloha Tower fund created by section 206J-17;

(10) Domestic violence prevention special fund under section 321-1.3;

(11) Spouse and child abuse special account under section 346-7.5;

(12) Spouse and child abuse special account under section 601-3.6;

(13) Funds of the employees' retirement system created by section 88-109;

(14) Unemployment compensation fund established under section 383-121;

(15) Hawaii hurricane relief fund established under chapter 431P;

(16) Hawaii health systems corporation special funds;

(17) Boiler and elevator safety revolving fund established under section 397-5.5;

(18) Tourism special fund established under section 201B-11;

(19) Department of commerce and consumer affairs' special funds;

(20) Compliance resolution fund established under section 26-9;

(21) Universal service fund established under chapter 269;

(22) Integrated tax information management systems special fund under section 231-3.2;

(23) Insurance regulation fund under section 431:2-215;

(24) Hawaii tobacco settlement special fund under section 328L-2;

(25) Emergency budget and reserve fund under section 328L-3;

(26) Probation services special fund under section 706-649; [~~and~~]

(27) High technology special fund under section 206M-15.5; and

(28) Crime victim compensation special fund under section 351-62.5;

shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."

SECTION 5. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each special fund, except the:

(1) Transportation use special fund established by section 261D-1;

(2) Special summer school and intersession fund under section 302A-1310;

(3) School cafeteria special funds of the department of education;

(4) Special funds of the University of Hawaii;

(5) State educational facilities improvement special fund;

(6) Special funds established by section 206E-6;

(7) Aloha Tower fund created by section 206J-17;

(8) Domestic violence prevention special fund under section 321-1.3;

(9) Spouse and child abuse special account under section 346-7.5;

(10) Spouse and child abuse special account under section 601-3.6;

(11) Funds of the employees' retirement system created by section 88-109;

(12) Unemployment compensation fund established under section 383-121;

(13) Hawaii hurricane relief fund established under chapter 431P;

(14) Convention center capital and operations special fund established under section 206X-10.5;

(15) Hawaii health systems corporation special funds;

(16) Tourism special fund established under section 201B-11;

(17) Compliance resolution fund established under section 26-9;

(18) Universal service fund established under chapter 269;

(19) Integrated tax information management systems special fund;

(20) Insurance regulation fund under section 431:2-215;

(21) Hawaii tobacco settlement special fund under section 328L-2;

(22) Emergency and budget reserve fund under section 328L-3;

(23) Probation services special fund under section 706-649; [~~and~~]

(24) High technology special fund under section 206M-15.5; and

(25) Crime victim compensation special fund under section 351-62.5;

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

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

SECTION 7. This Act shall take effect on July 1, 2001; provided that the amendment made to section 36-27, Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 31, 2003, by section 9 of Act 142, Session Laws of Hawaii 1998.