Directs the governor to expand the existing Halawa Correctional Facility to transfer Oahu Community Correctional Center (OCCC) inmates there and to raze and build new facilities on the OCCC property for a drug treatment center.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the State can no longer afford to postpone the construction of correctional facilities. As overcrowding continues, the State is placed in a vulnerable position by being subject to civil rights violations and security risks.

Since 1995, the department of public safety has been transporting prisoners to facilities in Oklahoma, Texas, Oregon, Minnesota, Arizona, and Tennessee. Although this has worked as a temporary solution until adequately facilities are built, the State cannot afford to transport inmates to mainland facilities indefinitely.

Out-of-state placements cost about $24,400,000 per year or $56 per prisoner per day for care, custody, transportation, inmate compensation, and health care. The legislature further finds that this arrangement has not been problem-free. For example, there have been allegations of sexual assault of female prisoners, denial of timely medical treatment, and civil rights violations in the mainland facilities.

The legislature finds that it is in the best public interest of the people of Hawaii to design and build a new correctional facility on the undeveloped portion of the site of the Halawa correctional facility to replace the Oahu community correctional center (OCCC).

At the same time, the legislature finds that substance abuse is a serious problem in the State, and current policies and practices in the criminal justice system have not adequately addressed this problem. Substance abuse treatment, not incarceration, is what will help rehabilitate drug offenders so that they can overcome their addictions and make positive contributions in their communities.

More substance abuse treatment facilities are needed to make this a reality. There has been interest in establishing a facility to treat substance abuse offenders at OCCC if OCCC inmates are transferred to a new facility at Halawa.

The purpose of this Act is to direct the governor to negotiate the development of private in-state correctional facilities with any private entity to:

SECTION 2. (a) The governor shall negotiate the development of private in-state correctional facilities with any private entity to:

(b) This Act shall not be construed to prohibit the governor from negotiating or contracting with any person for the development of other in-state correctional facilities pursuant to sections 353-16.35 and 353-16.36, Hawaii Revised Statutes.

(c) The development of the in-state correctional facilities required by this Act shall commence no later than

, 2004.

SECTION 3. The governor shall report on the progress of the negotiations and development of the in-state correctional facilities to the legislature no later than twenty days before the convening of the regular sessions of 2004 and 2005.

SECTION 4. This Act shall take effect upon its approval.