Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 2560, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to include employees of private companies working in correctional facilities in the scope of sexual offense statutes.

Testimony in support of this measure was submitted by the Department of Public Safety and Community Alliance on Prisons.

Your Committee finds that current Hawaii law prohibits sexual assaults against inmates in Hawaii correctional facilities, but no reference is made to correctional facilities operated by private companies. Your Committee further finds that this law could be construed to exclude acts by employees of private companies working in state correctional facilities. Your Committee agrees that this measure addresses this "loophole" in the current law by ensuring that sexual offenses committed by any correctional facility employee against inmates are prohibited, regardless of the employer.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2560, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.