SB2630 SD1.DOC

SECTION 1. Section 354D-3.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§354D-3.5[]] Annual report. The department shall submit to the legislature an annual report at least twenty days prior to the convening of each regular session which shall include:

(1) A listing by position number and title of all positions established under section 354D-3;

(2) The salaries paid to the employees in these positions;

(3) A description of the duties and responsibilities of each employee; and

(4) The usual work site of each employee[.];

(5) The amount of moneys from the sale of products and crafts to the public through the correctional industries program that have been deposited into the correctional industries revolving fund established under section 354D-10 during the previous fiscal year; and

(6) An explanation of the nexus between the workforce opportunities provided through the correctional industries program during incarceration and life after incarceration."

SECTION 2. Section 354D-4, Hawaii Revised Statutes, is amended to read as follows:

"§354D-4 Powers and duties of the director. Under the supervision of the director or the director's designee, the administrator of the correctional industries program shall:

(1) Develop programs generating revenue that best sustains their operation and allows for capital investment, and reimburses the general fund, when possible, for the expense of correctional services;

(2) Develop programs providing the maximum level of work and training opportunities for qualified, able-bodied inmates;

(3) Develop programs assuming responsibility for training qualified, able-bodied inmates in general work and specific training skills that increase their employment prospects after release;

(4) Develop programs in which inmates can learn skills used in the construction and other industries, while providing low-cost construction, renovation, and repairs of facilities, grounds, furniture, vehicles, and equipment for private, nonprofit social services, health, or education agencies and programs;

(5) Acquire or purchase equipment, materials, supplies, office space, insurance, and services necessary to establish and maintain programs pursuant to this chapter;

(6) [Use labor services of qualified, able-bodied inmates in the manufacture or production of goods and services that are needed for the construction, operation, or maintenance of any office, department, institution, or agency supported in whole or in part by the State, the counties, or the federal government;] Ensure the correctional industries program is operated for the purpose of employment training of inmates in:

(A) Manufacturing or producing articles or products for sale to the general public, including photographs, paintings, drawings, sewn items, crocheted items, woodwork, and other items deemed appropriate for sale by the director; and

(B) Providing labor services for the construction, repair, or maintenance of any equipment or real property of any department or agency of the State, a county, or the federal government; provided that the administrator of the correctional industries program may assess a reasonable charge for the services provided under this subparagraph;

[~~(7)~~ ~~Sell all goods and services to the State, the counties, or the federal government;~~

~~(8)~~] (7) Sell uniforms and uniform accessories to state-employed adult corrections officers;

[~~(9)~~] (8) Purchase, lease, trade, exchange, acquire, and maintain personal property; [~~and~~]

[~~(10)~~] (9) Accept grants or loans from the State, the counties, or the federal government[.]; and

(10) Ensure that the proceeds from the sale of products and crafts pursuant to paragraph 6(A) are deposited as follows:

(A) Twenty-five per cent shall be deposited into the inmate's trust account to address any victim restitution that the inmate may owe;

(B) The remaining seventy-five per cent shall be debited for the amount of any indebtedness the inmate may owe to the department, which may include but not be limited to medical, legal supplies, and craft supplies;

(C) The amount remaining after being debited pursuant to subparagraph (B) shall be debited twenty-five per cent for deposit into the correctional industries revolving fund established under section 354D-10 and ten per cent for deposit into the department's inmate activity revolving fund; and

(D) The amount remaining after being debited pursuant to subparagraph (C) shall be placed in the inmate's trust account with:

(i) Fifty per cent placed in the inmate's spendable account; and

(ii) Fifty per cent placed in the inmate's restricted account."

SECTION 3. Section 354D-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created the correctional industries revolving fund to be administered by the department. All moneys collected by the department from the sale or disposition of goods and services produced in accordance with this chapter, from the sale of products and crafts in accordance with section 353D-4(10), and any inmate deductions shall be deposited into the correctional industries revolving fund. The proceeds in the correctional industries revolving fund shall be used for: the purchase or lease of supplies, equipment, and machinery; the construction, leasing, or renovating of buildings used to carry out the purposes of this chapter; the salaries of personnel necessary to administer the enterprises established in accordance with this chapter; payment of inmates for work assignments; the reimbursement of incarceration costs of the inmates related to the inmates' participation in correctional industries; and other necessary expenses; provided that the correctional industries revolving fund shall not be maintained in excess of the amount necessary to carry out the purposes of this chapter."

SECTION 4. Section 354D-15, Hawaii Revised Statutes, is repealed.

["~~[§354D-15] Sale of goods.~~ It shall be unlawful to sell, or offer for sale, on the open market of this State, any articles or products manufactured or produced, wholly or in part, under this chapter. Goods or services produced by venture agreements under section 354D-13 shall be exempt from this limitation."]

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

SECTION 6. This Act shall take effect upon its approval.

Report Title:

Corrections; Committed Persons; Sale of Crafts; Correctional Industries Program; Correctional Industries Revolving Fund

Description:

Requires PSD to annually report on the amount of moneys that have been deposited into the correctional industries revolving fund from the sale of products and crafts to the public through the correctional industries program. Requires PSD to annually report on the nexus between the workforce opportunities provided through the correctional industries program during incarceration and life after incarceration. Allows committed persons to create approved products and crafts that may be sold through the correctional industries program to the public. Requires that all moneys collected from the sale of products and crafts to be used for victim restitution, paying debts to PSD, deposit into the correctional industries revolving fund, deposit into PSD inmate activity fund, or deposit into the committed person's account. Repeals the prohibition of the sale of such products on the open market. (SD1)

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

THE SENATE	S.B. NO.	2630
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII