SB211.DOC

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353‑ Contracts with facilities or institutions to hold inmates subject to investigation by ombudsman. Every contract entered into between the department and a correctional facility or institution, including contracts with private or out-of-state entities, shall require the correctional facility or institution to cooperate and participate fully in any investigation of a state correctional facility or contracted facility, as defined under section 96-1, and conducted under chapter 96."

SECTION 2. Section 96-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Contracted facility" means any correctional facility or institution with which the department of public safety has contracted to hold inmates, and any officer, employee, or member thereof acting, or purporting to act, in the exercise of the officer's, employee's, or member's official duties."

SECTION 3. Section 96-1, Hawaii Revised Statutes, is amended by amending the definition of "agency" to read:

""Agency" includes any permanent governmental entity, department, organization, contracted facility, or institution, and any officer, employee, or member thereof acting or purporting to act in the exercise of the officer's, employee's, or member's official duties, except:

(1) The judiciary and its staff;

(2) The legislature, its committees, and its staff;

(3) An entity of the federal government;

(4) A multistate governmental entity;

(5) The governor and the governor's personal staff;

(6) The lieutenant governor and the lieutenant governor's personal staff;

(7) The mayors of the various counties; and

(8) The councils of the various counties."

SECTION 4. Section 96-7, Hawaii Revised Statutes, is amended to read as follows:

"§96-7 Notice to complainant and agency. If the ombudsman decides not to investigate, [he] the ombudsman shall inform the complainant of that decision and shall state [~~his~~] the reasons.

If the ombudsman decides to investigate, [he] the ombudsman shall notify the complainant of [~~his~~] the decision and [he] shall also notify the agency of [~~his~~] the intention to investigate."

SECTION 5. Section 96-9, Hawaii Revised Statutes, is amended to read as follows:

"§96-9 Investigation procedures. (a) In an investigation, the ombudsman may make inquiries and obtain information as the ombudsman thinks fit, enter without notice to inspect the premises of an agency, and hold private hearings. If the investigation involves a correctional facility under chapter 353 or a contracted facility, the ombudsman may visit at a suitable hour.

(b) The ombudsman is required to maintain secrecy in respect to all matters and the identities of the complainants or witnesses coming before the ombudsman, except so far as disclosures may be necessary to enable the ombudsman to carry out the ombudsman's duties and to support the ombudsman's recommendations."

SECTION 6. Section 353-16.2, Hawaii Revised Statutes, is amended to read as follows:

"§353-16.2 Transfer of inmates to out-of-state institutions; ombudsman investigation. (a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; and provided further that the transfer is either:

(1) In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or

(2) In the interest of the inmate.

(b) Terms and conditions of the transfer and any reimbursement for expenses shall be agreed upon between the department and the out-of-state correctional institution prior to transfer.

(c) Any out-of-state correctional facility that has custody of committed felons transferred from the Hawaii state correctional system shall cooperate and participate fully in any investigation of the facility under chapter 96."

SECTION 7. 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 2009-2010 for any expenses or staffing needs resulting from the ombudsman's jurisdiction to investigate the administrative acts of contracted facilities, as defined under section 96-1, Hawaii Revised Statutes.

The sum appropriated shall be expended by the office of the ombudsman for the purposes of this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that sections 1 and 6 shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii Constitution or Article I, section 10, of the United States Constitution.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	211
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII