STAND. COM. REP. NO. 271

Honolulu, Hawaii

RE:    S.B. No. 210

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 210 entitled:

"A BILL FOR AN ACT RELATING TO CORRECTIONS,"

begs leave to report as follows:

     The purpose of this measure is to clarify the circumstances under which inmates may be transferred between correctional facilities located in Hawaii as well as to correctional facilities located outside of Hawaii.

     Testimony in support of this measure was submitted by four private organizations and five private individuals.  Testimony in opposition of this measure was submitted by two state agencies.  Written testimony presented to the Committee may be reviewed on the Legislature’s website.

     Your Committee finds that there are no applicable statutes that govern the transfer of inmates between facilities within the State or to facilities outside of Hawaii.  Your Committee also finds that a uniform protocol or set of standards need to be established to guide the Department of Public Safety in complying with inmate transfers in a satisfactory and efficient manner.  Your Committee further finds that providing the Director of Public Safety with the discretion or flexibility in proceeding with inmate transfers would be in the best interests of the State and the inmates being transferred.

     Your Committee has amended this measure by:

     (1)  Deleting the fourteen day notice requirement to a committed felon prior to their transfer;

     (2)  Deleting the criteria relating to regularly participating in parent-teacher conferences;

     (3)  Deleting the criteria relating to a minimum of six contacts by the committed felon with their child prior to the proposed transfer;

     (4)  Amending the definition of "child" by deleting the reference to a hanai child;

     (5)  Deleting the right of a committed felon to appeal their transfer decision; and

     (6)  Making a technical, nonsubstantive amendment for the purpose of clarity.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 210, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 210, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

WILL ESPERO, Chair