Directs the department of public safety to house pretrial detainees separate from inmates in correctional facilities on Maui.

A BILL FOR AN ACT

SECTION 1. The legislature finds that pretrial detainees are in a completely different situation than those convicted of crimes. Pretrial detainees are no more than defendants waiting for trial, entitled to the presumption of innocence and the rights of ordinary citizens except where necessary to assure their presence at trial and the security of the prison.

The purpose of this Act is to direct the department of public safety to ensure adequate separation between pretrial detainees and convicted inmates in correctional facilities on the island of Maui,

SECTION 2. The department of public safety is directed to house pretrial detainees in different locations from convicted inmates in correctional facilities on the island of Maui; provided that, where this is not practicable, the department may hold pretrial detainees within the same facility, as long as they are separated from inmates. If housed in the same facility as inmates, pretrial detainees shall be separated from inmates in a manner that does not deprive or restrict their rights beyond what is necessary for safe custody and the security of the facility, unless justified by a compelling necessity.

SECTION 3. This Act shall take effect upon its approval.