STAND. COM. REP. NO. 2878

Honolulu, Hawaii

RE:    S.B. No. 2341

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2341, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to require out-of-state detention facilities holding Hawaii prisoners under a contract with the State to make public information about the operation of the prison.

     Specifically, this measure:

     (1)  Provides that an entity contracting with the State to house prisoners from Hawaii shall have the same duty to release information that a state agency operating such a facility in Hawaii would have under chapter 92F, Hawaii Revised Statutes (HRS);

     (2)  Affords any party aggrieved by a violation the same remedies against the contracting entity as provided against government agencies pursuant to chapter 92, HRS; and

     (3)  Provides exemptions for certain sensitive or confidential government records pursuant to section 92F‑13, HRS, and for trade secrets as defined in section 482B-2, HRS.

     Testimony in support of this measure was submitted by the American Civil Liberties Union of Hawaii; The Drug Policy Forum of Hawaii; Community Alliance on Prisons; and two private citizens.  Testimony in opposition to this measure was submitted by the Department of Public Safety.  Comments were submitted by the Office of Information Practices.

     Your Committee finds that this measure will provide accountability and transparency to the public regarding the services provided by a vendor for any contract made with the State to house Hawaii prisoners out-of-state.

     This will assist the public in understanding how State funds are being spent and in assessing how the out-of-state detention facility is being operated and managed, and whether the vendor is living up to its contractual responsibilities.  This access to information, along with the remedial avenues afforded, will go a long way towards ensuring that Hawaii's inmates receive adequate and fair treatment while incarcerated in out-of-state detention facilities.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2341, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair