HCR129

HOUSE OF REPRESENTATIVES	H.C.R. NO.	129
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE ATTORNEY GENERAL TO CONVENE A BLUE RIBBON PANEL TO INVESTIGATE IMPLEMENTATION OF THE CIVIL RIGHTS OF institutionalized PERSONs ACT BY THE CORRECTIONS DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY.

WHEREAS, the Corrections Division of the Department of Public Safety is responsible for the incarceration of all individuals convicted of a crime in Hawaii and given a prison sentence; and

WHEREAS, the Civil Rights of Institutionalized Persons Act is a federal law that ensures that all inmates are afforded their rights under the federal constitution and federal law; and

WHEREAS, the State of Hawaii has been the subject of numerous investigations and lawsuits related to the Civil Rights of Institutionalized Persons Act; and

WHEREAS, the Oahu Community Correctional Center has been the subject of a Civil Rights of Institutionalized Persons Act related investigation on the provision of mental health services; and

WHEREAS, in light of recent events involving Hawaii's inmates at mainland facilities, the Legislature is concerned about the welfare and treatment of Hawaii's inmates incarcerated in mainland facilities; and

WHEREAS, it is much more cost-effective to prevent lawsuits and investigations rather than be forced into compliance with federal law; and

WHEREAS, the Legislature is concerned about the fiscal impact that the State will endure due to repeated investigations and lawsuits; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Attorney General is requested to form a blue ribbon panel to examine Hawaii's prisons and jails to determine areas where the State is exposed to litigation under Civil Rights of Institutionalized Persons Act; and

BE IT FURTHER RESOLVED that the panel's examination is requested to include, but not be limited to:

(1) Previous Civil Rights of Institutionalized Persons Act letters of finding;

(2) Reasons for and cost of previously adjudicated lawsuits; and

(3) Areas of need, strategies to minimize the State's exposure to liability for damages, recommendations, timelines, and projected expenditures; and

BE IT FURTHER RESOLVED that the Attorney General is requested to submit the panel's findings and recommendations, including any proposed legislation, to the Legislature at least twenty days prior to convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Attorney General, and the Director of Public Safety.

	OFFERED BY:	_____________________________

Report Title:

Civil Rights; Institutionalized Persons Act