HOUSE OF REPRESENTATIVES	H.B. NO.	2388
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CORRECTIONAL FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 353-16.35, Hawaii Revised Statutes, is amended to read as follows:

     "§353-16.35  Development or expansion of in-state correctional facilities.  (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of private in-state correctional facilities or public in-state turnkey correctional facilities to reduce prison or jail overcrowding; provided that the purchase or construction of Oahu community correctional center on an existing parcel in Halawa Valley, adjacent to the Halawa correctional facility, is exempt from section 343-5; for any other parcel if an environmental assessment or environmental impact statement is required for a proposed site or for the expansion of an existing correctional facility under section 343-5, then notwithstanding the time period specified for public review and comments under section 343-5, the governor shall accept public comments for a period of [sixty] thirty days following public notification of either an environmental assessment or an environmental impact statement.

     (b)  Any development or expansion proposal may address the construction of the facility together with, or separate from, the operation of the facility and shall consider and include:

     (1)  The percentage of low, medium, and high security inmates and the number of prison or jail beds needed to incarcerate each of the foregoing classes of inmates;

     (2)  The facility's impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;

     (3)  The facility's impact on available modes of transportation, including airports, roads, and highways; and

     (4)  A useful life costs analysis.

     (c)  For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be use with respect to efficiency in building maintenance and facilities operation."

     SECTION 2.  Section 353-16.37, Hawaii Revised Statutes, is amended to read as follows:

     "§353-16.37  Community partnering.  Regardless of the method for funding new prison or jail facilities, the department of public safety shall develop and implement a community partnering process to be incorporated into [any request for proposal] the planning of any new prison or jail; this partnering process shall include a community hearing for the purpose of soliciting community input.  Further, a community benefit and enhancement package shall be developed by the department and the affected community to mitigate the negative aspects of building a correctional facility in the community.  The benefit and enhancement package may include but is not limited to:

     (1)  Infrastructure improvements;

     (2)  Job training programs or improvements to schools and health care facilities;

     (3)  Social programs; and

     (4)  Other government functions.

     SECTION 3.   The director of finance is authorized to issue general obligation bonds in the sum of $489,300,000.00 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2016-2017 to the department of public safety for the purpose of purchasing jail facilities for up to 1,000 beds on a turn-key basis, to include jail housing units and support buildings, for the Oahu community correction center to be located adjacent to Halawa correctional facility.

     SECTION 4.  The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys unencumbered as of June 30, 2018, shall lapse as of that date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2016.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

RELATING TO CORRECTIONAL FACILITIES.

Description:

Creates an exemption from Hawai'i Revised Statutes §343-5 for a jail facility to be built adjacent to Halawa Correctional Facility and funding therefore and makes clarifying amendments.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.