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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
121 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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STATE OF HAWAII |
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RESOLUTION
Requesting a management and financial audit of the department of public safety including administration, law enforcement, and corrections divisions.
WHEREAS, the Department of Public Safety is currently divided into three divisions, including: Administration, Corrections, and Law Enforcement; and
WHEREAS, continuity in leadership is an important aspect of the integrity and success of any department; however, in the past two years, administrators of the Department of Public Safety have not served in their positions for the expected periods of time; and
WHEREAS, over the years, concerns have been raised regarding the operational and fiscal accountability of the Department of Public Safety, the Department responsible for the operation and maintenance of Hawaii's prisons; and
WHEREAS, the Department currently manages and operates nine of the State's correctional facilities, including: Hawaii Community Correctional Center, Halawa Correctional Facility Special Needs Facility, Halawa Medium Security Facility, Kauai Community Correctional Center, Kulani Correctional Facility, Maui Community Correctional Center, Oahu Community Correctional Center, Women's Community Correctional Center, and the Waiawa Correctional Facility; and
WHEREAS, Hawaii's prison system is aging, in need of substantial repair, poorly maintained, and ill equipped to handle any significant increase in the prison population; and
WHEREAS, our correctional facilities are seriously overcrowded; the prison population nearly doubled in the 1990s, due in large part to major changes in the economy, public safety policy, law enforcement, and sentencing laws and practices, especially mandatory prison sentences for some drug offenders; and
WHEREAS, the overcrowded situation and deteriorated condition of Hawaii's prisons have led to federal court intervention in the past; and
WHEREAS, the use of methamphetamine, popularly known as ice, has grown tremendously and has led to incarceration of first-time drug offenders who are not receiving drug treatment due to lack of program structure and resources; and
WHEREAS, although the female inmate population has increased greatly in recent years due to ice use, rehabilitation and work release programs for women do not equal the available programs for men; and
WHEREAS, the current prison population, which as of January, 2005, consisted of 5,977 inmates, far exceeds the rated capacity of 2,451; and overcrowding has resulted in over one thousand seven hundred additional inmates being either flown to mainland prisons under contract with the State or housed at the Federal Detention Center; and
WHEREAS, a recent study commissioned by the Department of Public Safety and conducted by Carter Goble Associates concluded that Hawaii's prison system is dangerously overcrowded, has been poorly maintained over the years, and is in no shape to accommodate a projected increase in prisoners; and
WHEREAS, the study called for:
(1) Replacing community correctional centers in each of the four counties;
(2) Adding a new correctional center on the Kona side of the Big Island;
(3) Building new medium and minimum security prisons; and
(4) Building secure substance abuse treatment facilities, to assist with current problems facing Hawaii's prisons; and
WHEREAS, concerns have also been raised about the internal grievance procedures at Hawaii's prisons and jails for incarcerated adult and juvenile offenders and procurement procedures for the correctional facilities; and
WHEREAS, an audit of the inmate trust account is necessary to determine if moneys are being used properly; and
WHEREAS, the Legislature has been informed of some recent discussions regarding the transfer of the law enforcement and security functions from the Department of Public Safety to the Department of the Attorney General; and
WHEREAS, vocational programs for inmates through correctional industries programming has proven successful, however a study of its operations is necessary to determine whether it is operating as expected; and
WHEREAS, the Law Enforcement Division, under which the Sheriff Division remains, provides oversight of service of civil process and has recently come under scrutiny; and
WHEREAS, the Legislature finds that, in the interest of the health and safety of the public, a fiscal and management audit of the Department of Public Safety is warranted; and
WHEREAS, among other things, an audit of the Department of Public Safety would:
(1) Verify and address any concerns and complaints raised about Hawaii's prison system, including but not limited to, overcrowding, Hawaii inmates at mainland prisons, drug rehabilitation treatment, and vocational and education programs;
(2) Pinpoint any areas of improvement and weakness within the Department and its three divisions that need to be addressed;
(3) Provide a baseline assessment of any efforts and actions currently being taken by the Department to address concerns and remedy any problems;
(4) Report pending employee personnel actions resulting from inmate escapes, examine circumstances for future prevention of inmate escapes for public safety, and ensure fair and equitable treatment of employees;
(5) Recommend possible solutions to any concerns and problems existing at any Department of Public Safety facility or within the Department;
(6) Recommend possible ways to increase savings for food services and procurement procedures with private companies instead of state subsidized operations;
(7) Recommend possible solutions to the grievance procedures within the adult and correctional facilities to increase fairness and provide inmates with an opportunity to air and resolve grievances;
(8) Review the quality of correctional programs for female inmates as compared to male inmates, including programs related to drug rehabilitation, educational skills, and vocational studies;
(9) Review the impact of the transfer of the law enforcement and security functions of the Department of Public Safety to the Department of the Attorney General, including but not limited to, the impact of such a transfer on public policy and procedures, transfer requirements, department expectations, and costs; and
(10) Analyze the effect upon the service of civil process of eliminating oversight by the Sheriff Division, Department of Public Safety; and
WHEREAS, a Department of Public Safety audit would further serve to improve the services and care at Hawaii's prison facilities as well as maximize staff efficiency and the prudent use of resources by the Department; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Auditor is requested to perform a management and financial audit of the Department of Public Safety; and
BE IT FURTHER RESOLVED that the Auditor address the foregoing issues and any other related issues and report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Auditor, the Director of Public Safety, and the Attorney General.
Report Title:
Department of Public Safety; Audit