THE SENATE	S.B. NO.	2979
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to corrections.

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

SECTION 1. Section 353-16, Hawaii Revised Statutes, is amended to read as follows:

"§353-16 Transfer of committed felon to federal institution. (a) The director may effect the transfer of [a] any committed felon incarcerated for a violent crime under section 351-32 to any federal correctional institution for imprisonment, subsistence, care, and proper employment of such a felon.

(b) A committed felon incarcerated in an out-of-state federal correctional institution for a crime that is not a violent crime under section 351-32 shall be returned to Hawaii no later than July 1, 2020."

SECTION 2. Section 353-16.2, Hawaii Revised Statutes, is amended to read as follows:

"§353-16.2 Transfer of inmates to out-of-state institutions. (a) The director may effect the transfer of a committed felon incarcerated for a violent crime under section 351-32 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[,] or 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.

(c) A committed felon incarcerated in an out-of-state correctional institution for a crime that is not a violent crime under section 351-32 shall be returned to Hawaii no later than July 1, 2020."

SECTION 3. Section 353-16.35, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 overcrowding; provided that 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 periods specified for public review and comments under section 343-5, the governor shall accept public comments for a period of sixty days following public notification of either an environmental assessment or an environmental impact statement."

SECTION 4. Section 353-16.36, Hawaii Revised Statutes, is repealed.

["[§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 for the benefit of the State."]

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:

Corrections; Inmate Transfer; Out-of-State Correctional Institutions; Private Correctional Facilities

Description:

Limits the Director of Public Safety's ability to transfer convicted felons to any federal correctional institution or a correctional institution in another state to only those felons incarcerated for violent crimes under HRS section 351-32. Requires that all felons incarcerated in an out-of-state correctional institution or an out-of-state federal correctional institution for a crime that is not a violent crime under HRS section 351-32 be returned to Hawaii no later than July 1, 2020. Repeals the Governor's authority to negotiate or contract for expansion or construction of private correctional facilities.

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