Allows department of public safety and the counties to contract with each other, with a tax exempt entity, with a private entity, or with a private entity to finance, acquire, construct, lease, or provide correctional services; clarifies interstate exchange of prisoners for housing; repeals Western Interstate Corrections Compact.

A BILL FOR AN ACT

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

§ -1 Applicability. This chapter applies to contracts to finance, acquire, construct, or lease, a correctional facility, and to contracts to provide full or partial correctional services under this chapter. This chapter shall not apply to facilities in this State operated by the Federal Bureau of Prisons.

As used in this chapter:

"Correctional services" means those services necessary for the operation of a correctional facility, including but not limited to, the provision of food, clothing, security, and health care.

"Department" means the department of public safety.

§ -2 Contracts; who; when. "Department" means the department and public safety. Contracts under this chapter shall be allowable as follows:

§ -3 Contracts of the department and political subdivisions of the State; construction. Contracts of the department and political subdivisions of the State for the acquisition or construction, or both, of a correctional facility shall provide for the payment of principal, premium, interest, and agent and trustee's fees on bonds issued for the acquisition or construction, to be secured by and lien on and pledge of one or more of the following:

Taking possession of the collateral security by a trustee in a bond issuance shall not be required for the perfection of a lien or pledge.

§ -4 Contract procedures and provisions. (a) A contract or subcontract under this chapter with a tax exempt entity or with a private entity prison contractor shall be subject to chapter 103D and shall be awarded on the basis of the best overall proposal, subject to subsection (d).

(b) A contract may include lease or use of public lands or buildings.

(c) A contract for the full or partial provision of correctional services shall not exceed a term of five years, subject to annual appropriation by the State or political subdivision as appropriate.

(d) To be eligible for an award of a contract, a tax exempt entity or a private entity, as applicable, shall have demonstrated that it has:

(e) Contracts under this chapter shall require:

§ -5 Use of force; firearms. (a) Employees of a contractor or subcontractor shall exercise their powers and authority only while on the grounds of an institution operated in whole or in part by their employer, transporting inmates, and pursuing escapees from the institution. Employees may use force and may use firearms for the following purposes:

(b) Duly authorized persons entering the State to transport inmates to other states:

(c) This section shall not be construed to confer peace officer status on the private prison contractor or its employees or persons from other states, or to authorize the use of firearms, except in accordance with this section.

§ -6 Powers and duties not delegable to contractor. The following powers and duties of the department shall not be delegable:

§ -7 Monitoring of contracts; other rights. Under all contracts entered into under this chapter, the director:

For purposes of this section, monitoring includes ensuring that all state laws and contractural obligations applicable to the correctional facility are being met.

§ -8 Contracts with other jurisdictions authorized. If the director determines that an overcrowding situation exists that presents a danger to the operation of a correctional facility and that other suitable facilities in the State are not available, the director may contract with proper authorities of the United States, other states, political subdivisions of other states, tax exempt entity, or private entity to provide for the safekeeping, care, subsistence, proper governance, discipline, and treatment of state inmates. The contract shall be exempt from chapter 103D if beds are immediately available or will be available within ninety days of entering the contract; provided that the term of the contract shall not exceed one year, with an option to renew in one year periods; provided further that all requirements of this chapter are met by the contractor.

§ -9 Correctional facility construction. No correctional facility shall be constructed, nor shall any other facility be renovated to create a correctional facility, without review and comment by the department. The review, among other things, shall include consideration of the location, design, security level, financing of the facility, and the nature of the inmates to be housed in the facility.

§ -10 State correctional facilities housing out-of-state or federal inmates. (a) A political subdivision of the state, and the private contractor under this chapter may incarcerate federal or out-of-state inmates in a correctional facility in this State; provided that the director has certified that the department is not in need of all of the capacity of the facility for state inmates. The certification shall be obtained biennially. The director shall also certify the custody levels of any facility for the housing of federal or out-of-state inmates.

(b) The State or political subdivision of the State, as applicable, shall be reimbursed by the private operator of a correctional facility for expenses as a result of an escape of a federal or out-of-state inmate incarcerated in a correctional facility within the State, other than the expense of prosecution or incarceration.

(c) Employees of correctional facilities in this State housing federal or out-of-state inmates shall meet training requirements as provided by law or rule for all correctional employees of the State and counties, as applicable. If no requirements exists, the department may adopt rules under chapter 91 to establish training requirements for employees of correctional facilities.

(d) Use of force at correctional facilities in this State housing federal or out-of-state inmates shall be permitted in the same manner as applicable to use of force in correctional facilities in this State operated by a private contractor.

(e) A private prison contractor shall have in effect at all times a policy of adequate liability insurance for all claims and losses incurred as a result of the operation of a facility used for purposes of this section that protects the State or political subdivision, as applicable, and their officers and employees.

(f) A correctional facility in this State being used for purposes of this section shall have in place a written plan approved by the department regarding the handling of escapes, riots, and other emergency situations.

(g) No federal or out-of-state inmate shall be released from a correctional facility in this State unless the State has a detainer on the inmate or has accepted custody of the inmate under chapter 355. In all other cases, the federal or out-of-state inmate shall be returned to the custody of the sending jurisdiction, or other jurisdiction that has agreed prior to the release to accept custody of the inmate.

(h) A correctional facility in this State shall not allow any inmate housed under this section to leave the premises of the facility, except to:

(i) A private prison contractor housing inmates under this section, may allow an inmate to work on public works projects outside the facility if the project:

SECTION 2. Section 710-1000, Hawaii Revised Statutes, is amended by amending the definition of "custody" to read:

""Custody" means restraint by a public servant pursuant to arrest, detention, or order of a court; including restraint under part II of chapter 353;"

SECTION 3. Chapter 355, Hawaii Revised Statutes, is repealed.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.