Report Title:
Public Safety; Freedom of Information
Description:
Requires out-of-state detention facilities holding Hawaii prisoners under a contract with the State to make public information about the operation of the prison; provides exemptions pursuant to chapter 92, HRS. (SD1)
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THE SENATE |
S.B. NO. |
2341 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that since 1996, Hawaii has transferred prisoners to private prisons on the United States mainland to ease overcrowding in Hawaii state prisons.
Currently, Hawaii has contracted with one vendor, Corrections Corporation of America, to house and provide services for all prisoners transferred out-of-state, except for those transferred under the interstate compact act.
The legislature further finds that despite the $50,000,000 in public funds expended annually for this purpose, these contracts have never been posted on the department of public safety's website and information concerning these contracts and their enforcement has never been accessible to the public.
The purpose of this Act is to provide accountability and transparency to the public regarding the services provided by any vendor for any contract made with the State to house Hawaii prisoners.
SECTION 2. Freedom of information requirement for contract interstate compact prisons. (a) In general. Each nongovernmental entity contracting with the State directly or through an interstate compact to incarcerate or detain state prisoners or detainees in a privately owned prison or other out‑of-state detention facility shall have the same duty to release information as is required of the department of public safety under chapter 92F, Hawaii Revised Statutes.
(b) Civil action. Any party aggrieved by a violation of the duty established in subsection (a) shall have the same remedies against the nongovernmental entity as provided for against government agencies in chapter 92F, Hawaii Revised Statutes, for purposes of this section, unless the information is entitled to protection pursuant to section 92F-13, Hawaii Revised Statutes, or is a trade secret pursuant to the definition provided in section 482B-2, Hawaii Revised Statutes.
(c) Definitions. As used in this section, "privately owned prison or other detention facility" means any privately owned prison or other detention facility that incarcerates or detains prisoners or detainees pursuant to a contract with the State.
SECTION 3. This Act shall take effect on July 1, 2008.