STAND. COM. REP. NO.  586

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 1151

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Public Safety, to which was referred H.B. No. 1151 entitled:

"A BILL FOR AN ACT RELATING TO RESTRICTED ACCESS TO CORRECTIONAL FACILITIES,"

begs leave to report as follows:

     The purpose of this bill is to improve safety and security within the prison system by authorizing the search of persons and vehicles entering state correctional facility grounds.

     The Department of Public Safety (PSD) supported this bill.  The American Civil Liberties Union opposed this measure.  The Community Alliance on Prisons submitted comments.

     Your Committee acknowledges PSD's testimony in which it states, "PSD will promulgate administrative policy that will govern the search of vehicles and persons coming on grounds that will clarify the factors to be considered before a search is conducted, similar to probable cause."  Concerns regarding this language were raised, and your Committee respectfully requests the Committee on Judiciary to further review this statement to determine if the rules should be "conditioned" on probable cause rather than being based on something similar.  Therefore, your Committee has amended this bill by changing its effective date to July 1, 2025, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1151, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1151, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

____________________________

FAYE HANOHANO, Chair