Report Title:

Corrections; Inmate Grievance Reform

Description:

Establishes a community advisory panel to advise the Department of Public Safety and the Department of Human Services in handling grievances for incarcerated adult and juvenile offenders. Appropriates funds for the panel. (HB355 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

355

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

Relating to corrections.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that a constructive example to correctional facility inmates of a civil and orderly process for resolving disputes is to create an effective system for the unbiased arbitration and resolution of their grievances against fellow inmates, employees, and members of the staff, and the policies, practices, or conditions of the prison or jail.

Fundamental fairness in prisons and jails extends to providing inmates with the opportunity to air and resolve grievances. Incarceration brings with it a sense of helplessness and loss of control over many aspects of an inmate’s life. Inmates who are not provided with the means to voice and resolve complaints or concerns will likely get the staff’s attention in a much less desirable manner. Unresolved grievances may lead to inmate disturbances and other disruptive behavior.

To be effective, the grievance process should be in writing and inmates should be fully informed of the process.

The internal affairs office conducts administrative, criminal, and civil investigations for the department of public safety. The office has full police powers when conducting and responding to investigations within the department. The 2003 department of public safety annual report states that the internal affairs office workload is at maximum capacity.

At the Hawaii youth correctional facility, the administrator handles the disposition of grievances.

The purpose of this Act is to improve the quality of the grievance process in Hawaii’s prisons and jails for incarcerated adult and juvenile offenders by establishing a community advisory panel to advise the department of public safety and the department of human services in handling grievances and appeals.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353-     Community advisory panel; grievances; establishment; procedures. (a) A community advisory panel is established to advise the department of public safety and department of human services in the investigation and resolution of grievances filed by persons incarcerated at adult correctional facilities and youth correctional facilities. The panel shall be within the department of the attorney general for administrative purposes.

(b) The community advisory panel shall consist of the following three members, who shall be independent of the department of public safety and department of human services, to be appointed by the governor as provided in section 26-34:

(1) One member from the general public;

(2) One member to be appointed from a list of nominees submitted by the president of the senate; and

(3) One member to be appointed from a list of nominees submitted by the speaker of the house of representatives.

(c) The panel shall convene at least quarterly to review grievances filed by Hawaii inmates involving health issues, civil rights violations, and repeated grievances against a particular staff member.

(d) The members of the panel shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(e) Minutes of the panel's meetings shall be available for public review within the limits of the law and with names redacted to protect the privacy of people named in the grievance.

(f) Training of the panel shall be conducted by the department of public safety and department of human services, including alternative dispute resolution.

(g) The department of public safety and department of human services may consider the advice of the panel in determining the appropriate resolution and potential sanctions for grievances and appeals involving health issues, civil rights violations, and repeated grievances against a particular staff member. The panel shall:

(1) Convene after the department of public safety or department of human services, as applicable, and the appropriate correctional facility have performed a thorough investigation of the grievance;

(2) Have access to all documents and investigative reports, not privileged or protected, relating to the case being reviewed;

(3) Have the right to issue subpoenas and call witnesses or resource people from the respective departments or related agencies for purposes of clarification;

(4) Have the right to meet with the aggrieved inmate or ward;

(5) Have the authority to recommend police intervention for any allegation that could be viewed as a criminal offense;

(6) Have the authority to recommend to the attorney general or the United States Attorney appropriate and lawful action to resolve any grievance or appeal; and

(7) Submit to the legislature twenty days before the commencement of each regular session a report consisting of the number of grievances and appeals considered and the resolution of those grievances and appeals.

(h) The panel shall evaluate and recommend the basic elements of an adequate grievance system for consideration by the department of public safety and department of human services for promulgation into their grievance policies, including:

(1) Notice, in plain and understandable language geared to offenders that may have cognitive limitations or low literacy levels, to every incarcerated person of the availability of the grievance process and an explanation of the purpose and scope of the process;

(2) A clear and simple procedure for an incarcerated person to present a grievance to the staff;

(3) Provisions for prompt investigation of grievances;

(4) The opportunity for every incarcerated person to present a grievance to an impartial panel;

(5) Written notice to every incarcerated person who has filed a grievance of the decision of the impartial panel;

(6) Appropriate disciplinary sanctions for every grievance against a staff person found to be justified;

(7) Written records of every grievance, investigation, decision, and final action taken;

(8) Assurances from the administrators of the facility where a grievance was lodged that no retaliative action will be taken against the inmate or ward who initiated the grievance; and

(9) The right of any person aggrieved by the resolution of a grievance to appeal to the impartial panel."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 for the community advisory panel established by this Act.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2020.