Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.C.R. No. 154 entitled:

begs leave to report as follows:

The purpose of this measure is to request the Auditor to conduct an audit of the Diamondback Correctional Facility.

Testimony in support of this measure was submitted by the Native Hawaiian Legal Corporation. Comments were also submitted by the Department of Public Safety.

Your Committee finds that because of overcrowding in Hawaii's correctional facilities, the Legislature funded the transfer of Hawaii inmates to various private correctional institutions on the mainland. In 2001, the Department of Public Safety contracted with three facilities in two states to house some of Hawaii's male inmates. The Diamondback Correctional Facility in Watonga, Oklahoma was one of the three facilities.

Recently, some concerns have been raised regarding the prices of items at the Diamondback Correctional Facility's commissary. Specifically, there are concerns about the misappropriation of commissary funds. These concerns have been raised to Hawaii's contract monitors; however, it appears that none of these concerns are being addressed. Thus, your Committee requests the Auditor to conduct an audit of the contract between the Department of Public Safety and the Diamondback Correctional Facility, including but not limited to its commissary operations.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 154 and recommends its adoption.