STAND. COM. REP. NO. 3133

Honolulu, Hawaii

RE:    S.R. No. 63

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.R. No. 63 entitled:

"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT FOR CORRECTIONAL FACILITIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to modernize the State's correctional facilities by requesting the Department of Public Safety to enter into a public-private partnership agreement for the planning, design, and construction of new or renovated correctional facilities.

     Your Committee received testimony in support of this measure from the Department of Public Safety, Department of the Attorney General, Department of Land and Natural Resources, Department of Accounting and General Services, Department of Budget and Finance, Department of the Prosecuting Attorney of the City and County of Honolulu, and Laborers Union Local 368.  Your Committee received testimony in opposition to this measure from Community Alliance on Prisons, Hawaii Friends of Justice and Civic Education, Ohana Ho‘opakele, Malu ‘Aina, and forty-three individuals.  Your Committee received comments on this measure from the Office of Hawaiian Affairs and one individual.

     Your Committee finds that the Department of Public Safety operates seven correctional facilities in the State.  These correctional facilities have not been significantly expanded since

1987, when the Halawa Medium Security Facility was opened.  All seven of these facilities are in need of modernization or expansion to meet the State's correctional needs.  Under existing law, the Governor may enter into and execute contracts with a private entity to construct correctional facilities to be leased or purchased for the benefit of the State.  A public-private partnership agreement for the construction of new statewide correctional facilities that may include reentry centers, reporting centers, treatment centers, and halfway homes, to be owned and operated by the State and its counties, will assist the State in meeting the challenges of providing adequate inmate housing, services, and programs.

     Your Committee has amended this measure by:

     (1)  Amending the title to read, "URGING THE GOVERNOR TO ENTER INTO A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT FOR A NEW SYSTEM OF CORRECTIONAL FACILITIES THAT MAY INCLUDE REENTRY CENTERS, REPORTING CENTERS, TREATMENT CENTERS, PRISONS, JAILS, AND HALFWAY HOMES, TO BE OWNED AND OPERATED BY THE STATE AND ITS COUNTIES";

     (2)  Inserting additional language regarding the State's mainland prisoners, existing correctional facilities, prison population, and potential federal intervention to further explain the State's need for a new system of correctional facilities;

     (3)  Inserting additional language that the Department of Public Safety has not provided a concrete plan to rebuild the prisons and jails in response to the burgeoning prison system crisis;

     (4)  Inserting additional language that no later than July 1, 2018, the Governor is urged to achieve the goal of bringing home all of the State's prisoners that are incarcerated on the mainland;

     (5)  Inserting additional language that the public-private partnership be in accordance with the Justice Reinvestment Act and that a minimum of seventy percent of the repayment costs for the new system of correctional facilities be paid for through cost savings and efficiencies;

     (6)  Inserting additional language regarding the public-private partnership's duties and proposals;

     (7)  Inserting additional language that no later than May 31, 2014, the relevant state departments put out a request for proposals to the prison building industry;

     (8)  Inserting additional language that no later than December 31, 2014, the State select a private partner to accomplish the goal of providing Hawaii with a new system of correctional facilities; and

     (9)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 63, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as S.R. No. 63, S.D. 1.

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

____________________________

WILL ESPERO, Chair