THE SENATE

S.C.R. NO.

145

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  
   

SENATE CONCURRENT

RESOLUTION

 

requesting an audit of the department of public safety's prison system.

 

 

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, moreover, our correctional facilities are seriously overcrowded; the prison population nearly doubled during 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 current prison population of 5,650 inmates far exceeds the rated capacity of 3,369 and has resulted in over 1,000 additional inmates being transferred to serve their sentences in mainland prisons that are under contract with the State; and

WHEREAS, since December 1995, the Department of Public Safety has resorted to sending prisoners to facilities in Oklahoma, Texas, Oregon, Minnesota, Arizona, and Tennessee; and

WHEREAS, it has been estimated that these out-of-state placements cost about $24,4000,000 a year or $56 per prisoner per day for care, custody, transportation, inmate compensation, and health care; and

WHEREAS, mainland placements have not been without problems, that have resulted in the State having to transfer prisoners among facilities and terminate contracts; and

WHEREAS, the alleged problems include sexual assault of female prisoners, denial of timely medical treatment, and violation of civil rights; 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 existing problems facing Hawaii's prisons; and

WHEREAS, over the years, concerns have been raised regarding the operational and fiscal accountability of the Department of Public Safety, the state agency responsible for the operation and maintenance of Hawaii's prisons; 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, with specific regard to its management of the prison system, is warranted; and

WHEREAS, among other things, a Department of Public Safety prison system audit would help to:

(1) Verify and address any concerns, complaints, and court-ordered sanctions raised over or imposed upon Hawaii's prison system;

(2) Pinpoint any areas of improvement and weakness within the Department's prison system that need to be addressed;

(3) Provide a baseline assessment of any efforts and actions currently being taken by the Department to address concerns, remedy any problems, or comply with court orders;

(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; and

(5) Recommend possible solutions to any concerns and problems existing at any Department of Public Safety prison facility or within the Department of Public Safety; and

WHEREAS, a Department of Public Safety prison system 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 of Public Safety; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Auditor is requested to perform a management and financial audit of the Department of Public Safety's prison system; and

BE IT FURTHER RESOLVED that the Auditor is requested to include, but not be limited to, in the scope of the audit:

(1) How the Department of Public Safety verifies and addresses any concerns, complaints, and court-ordered sanctions raised over or imposed upon Hawaii's prison system;

(2) How the Department attempts to pinpoint any areas of improvement and weakness within the Department's prison system that need to be addressed;

(3) A baseline assessment of any efforts and actions currently being taken by Department to address concerns, remedy any problems, or comply with court orders regarding the prison system;

(4) A report on how the Department is addressing the issue of ensuring prevention of inmate escapes for public safety;

(5) A cost/benefit analysis of the Department's out-of-state inmate transfer program;

(6) An assessment of the Department's contract management of its out-of-state inmate transfer program, including the allegations that Hawaii's prisoners are not adequately protected and are not being provided the programs for which the State contracted;

(7) A detailed account of how the Department is meeting the requirements of the recent American Civil Liberties Union lawsuit against it regarding its prison system; and

(5) A recommendation on possible solutions to any concerns and problems existing at any Department of Public Safety prison facility or within the Department of Public Safety; and

BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of any findings and recommendations, including any proposed legislation, 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 Director of Public Safety, and the Auditor.

 

 
 

OFFERED BY:

_____________________________

Report Title:

Auditor; Prisons; Out-of-State Inmate Program; Audit