HOUSE OF REPRESENTATIVES	H.B. NO.	440
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

relating to public safety.

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

     SECTION 1.  Section 353-16.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by the federal government or by that state[, by] or any of its political subdivisions[, or by a private institution]; and provided further that the transfer is either:

     (1)  In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or

     (2)  In the interest of the inmate."

     SECTION 2.  Section 353-16.3, Hawaii Revised Statutes, is amended to read as follows:

     "§353-16.3  Development of out-of-state Hawaii correctional facilities.  Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with the federal government or any appropriate [out-of-state jurisdiction] state or its political subdivisions for the development of Hawaii correctional facilities to reduce prison overcrowding; provided that any agreement negotiated pursuant to this section shall be subject to legislative approval by concurrent resolution in any regular or special session."

     SECTION 3.  Section 353-16.36, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§353-16.36[]]  Contracts for construction of correctional facilities by private entities.  The governor may enter into and execute contracts in the name of the State with any private entity to construct and then lease or purchase correctional facilities on public or private lands in the State for the benefit of the State."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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Report Title:

Government Contracts; Out-Of-State Private Correctional Facilities

Description:

Prohibits government contracts to develop or house inmates in out-of-state private correctional facilities.  Clarifies that the State may contract with federal, state, and municipal governments to house inmates and develop correctional facilities.

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