Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Judiciary and Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 3051 entitled:

beg leave to report as follows:

The purpose of this measure is to authorize the issuance of special purpose revenue bonds (SPRBS) to assist a Hawaii corporation to construct a drug rehabilitation and parole violation center on Oahu.

Testimony in support of this measure was received from the Department of Public Safety (PSD) and Honolulu Prosecuting Attorney. Testimony in opposition was received from the Community Alliance on Prisons (Alliance), TJ Mahoney & Associates, and the American Civil Liberties Union (ACLU). The Department of Budget and Finance submitted comments.

This measure is intended to help with prison overcrowding. According to testimony of the PSD, one of the results of overcrowding is that the State has not been able to properly program the inmates for their return to the community. This exacerbates overcrowding, because the lack of programming increases the recidivism rate. If current conditions do not change, overcrowding will worsen.

Your Committees take note of the testimony of the ACLU and the Alliance regarding their preference for small, community-based programs. Ideally, this would occur whether or not a facility is built. In this regard, your Committees request the PSD to pursue additional community-based programs in addition to building new facilities.

There is no consensus at the present as to whether institutional-based treatment or community-based treatment is the best option. There was testimony in opposition from three prominent community groups who prefer community-based programs. Your Committees are passing this measure at this time to keep the discussion alive on this issue.

Your Committees have been informed of the identity of the private entity that is interested in constructing this facility. The entity has examined a number of sites and has ruled out all but Halawa as the best possibility. In this regard, your Committees have always believed that Halawa was the most appropriate site, and the private party has confirmed what your Committees have always preferred.

Your Committees have amended this measure by:

As affirmed by the records of votes of the members of your Committees on Judiciary and Transportation, Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3051, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3051, S.D. 1, and be referred to the Committee on Ways and Means.