STAND. COM. REP. NO.  1532-08

Honolulu, Hawaii

                , 2008

RE:   H.C.R. No. 214

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Public Safety & Military Affairs, to which was referred H.C.R. No. 214 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE AUDITOR TO CONDUCT PERFORMANCE AUDITS OF PRIVATE PRISONS ON THE MAINLAND THAT HOUSE HAWAII INMATES,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to ensure the safety of Hawaii's inmates housed in mainland prisons by requesting the Auditor to conduct performance audits of these private prisons.

     The Office of Hawaiian Affairs, American Civil Liberties Union of Hawaii, Hawaii Government Employees Association, the Drug Policy Forum of Hawaii, Community Alliance on Prisons, and several concerned individuals supported this concurrent resolution.  The Department of Public Safety (PSD) opposed this measure.

     Your Committee has amended this concurrent resolution by:

(1)  In lieu of performance audits of mainland prisons that house Hawaii inmates, requesting the Auditor to conduct a performance audit of PSD's Mainland and FDC Branch on the contract compliance of private prisons housing Hawaii's inmates;

(2)  Changing its title to read as follows:  "REQUESTING THE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE DEPARTMENT OF PUBLIC SAFETY, MAINLAND AND FDC BRANCH, ON CONTRACT COMPLIANCE OF PRIVATE PRISONS THAT HOUSE HAWAII INMATES";

(3)  Including suicide prevention programs as one of the aspects for the Auditor to review in studying the private prisons' mental health services;

(4)  Requesting that the audit cover certain aspects of PSD's oversight of the private prisons' management of Hawaii inmates;

(5)  Deleting the provision specifying the proposed legislation be included in the Auditor's report; and

(6)  Making technical, nonsubstantive changes for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 214, as amended herein, and recommends that it be referred to the Committee on Legislative Management in the form attached hereto as H.C.R. No. 214, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Public Safety & Military Affairs,

____________________________

CINDY EVANS, Chair