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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1719 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 353H-7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353H-7[]] Return of out-of-state inmates. (a)
The director of public safety
shall return Hawaii inmates held in out-of-state prisons at least one year
prior to the inmate's parole or release date [in order] for these
inmates to participate in programs preparing them for reentry on the island
where they have the most support; provided that inmates participating in
reentry programs at the mainland facility in which they are incarcerated
consent to the return.
(b) The provisions of subsection (a) shall not
prevent the return of other
(c) The director of public safety shall return to
Hawaii all inmates that are detained or incarcerated in out-of-state prison or
correctional facilities by December 31, 2020; provided that there exists
sufficient capacity and bed space in Hawaii's prisons and correctional
facilities to accommodate returning inmates.
(d) Effective December 31, 2019, the director of
public safety shall permit no more than a total of five hundred inmates from
Hawaii, at any one time, to be incarcerated in out-of-state prisons or
correctional facilities.
(e) The department shall plan, design, and
construct sufficient facilities to house all prisoners committed to the
department's custody to meet the requirements of subsections (a), (c), and
(d). The department shall also develop
alternative programs or forms of incarceration, such as electronic monitoring,
to detain or house the Hawaii inmates returning to Hawaii from out-of-state prisons
or correctional facilities.
[(c)]
(f) The department [of public
safety] shall provide a report to the legislature at the end of each
calendar year on any inmates not returned pursuant to this section with an
explanation of the reasoning and circumstances for noncompliance."
SECTION 2. Section 353-16.2, Hawaii Revised Statutes, is repealed.
["§353-16.2 Transfer of inmates to out-of-state
institutions. (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 that
state, by 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.
(b) Terms and conditions of the transfer and any
reimbursement for expenses shall be agreed upon between the department and the
out-of-state correctional institution prior to transfer."]
SECTION 3. Section 353-16.3, Hawaii Revised Statutes, is repealed.
["§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 any appropriate out-of-state
jurisdiction 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 4. The director of finance is authorized to issue general obligation bonds in the sum of $ 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 2018-2019 for the purpose of planning, designing, and constructing sufficient facilities to house all prisoners committed to the department's custody.
The sum appropriated shall be expended by the department of public safety for the purposes of this Act.
SECTION 5. 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 from the appropriation unencumbered as of June 30, 2020, shall lapse as of that date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Correctional Facilities; Prisons; Out-of-State Inmates
Description:
Requires the return of all out-of-state inmates by 12/31/20 if adequate bed space exists in Hawaii's prisons and correctional facilities. Provides that no more than 500 Hawaii inmates shall be detained in out-of-state prisons by 12/31/19. Requires the Department of Public Safety to plan, design, and construct sufficient facilities to house inmates in Hawaii and to pursue alternatives to incarceration for returning inmates. Authorizes the issuance of general obligation bonds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.