SB3054

SECTION 1. The legislature finds that correctional facilities, unlike other institutions, do not have a natural constituency to provide a broad range of oversight, invoking standards that are central to their concerns. For example, hospitals have to treat patients, and patients, in turn, have the ability to express concerns about their quality of care and insist on changes. Likewise, schools have the students and parent-teacher associations. Unfortunately, for the oversight of correctional facilities, there is no natural constituency.

The legislature finds that oversight of correctional facilities in the State is crucial to ensuring that incarcerated persons are treated humanely and with dignity. Routine and regular reviews of correctional facilities also allow potentially harmful and embarrassing problems to be identified early before major consequences are realized. Moreover, regular, but randomized monitoring of correctional facilities serves as an informal control over corrections staff behavior and helps maintain high quality correctional services. In addition, proper oversight can help correctional facilities achieve greater transparency and enhanced effectiveness while accessing greater resources and new ideas. The legislature further finds that the only way to ensure proper oversight is through independent review of correctional facilities by an entity that is not associated with the corrections system.

Accordingly, the purpose of this Act is to establish the independent correctional oversight board, a public entity, independent of any correctional agency, to regularly inspect and publicly report on conditions in prisons, jails, and other correctional and detention facilities for adults and juveniles in Hawaii.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Independent correctional oversight board. (a) There is established the independent correctional oversight board which shall operate independently of any agency or department operating or utilizing a correctional or detention facility in the State.

(b) The independent correctional oversight board shall consist of eleven members as follows, to be appointed by the governor as provided in section 26-34:

(1) One member to be nominated by the president of the senate;

(2) One member to be nominated by the speaker of the house of representatives;

(3) One member to be nominated by the chief justice;

(4) One member from a non-profit social service organization;

(5) One member who is an advocate for the incarcerated;

(6) One member who is a certified mental health professional;

(7) One member who is a certified substance abuse treatment professional;

(8) One member who is an education professional;

(9) One member from the faith community;

(10) One member who has formerly worked as corrections staff; and

(11) One member who shall be appointed and designated by the governor as the chairperson.

All members shall be appointed for a term of two years. No member shall serve concurrently as a member of the independent correctional oversight board and as an employee of the State. Only appointed members shall serve on the independent correctional oversight board, and designees, delegates, or representatives shall not be permitted. The attorney general, director of public safety, deputy director of corrections, deputy director of administration, deputy director for law enforcement, prosecuting attorney for the city and county of Honolulu, or any one designee for each, may attend and participate in all meetings of the independent correctional oversight board as non voting members.

(1) Inspect or examine all aspects of a correctional facility's operations and conditions including but not limited to staff recruitment, training, supervision, discipline, inmate deaths, inmate medical and mental health care, use of force, inmate violence, conditions of confinement, inmate disciplinary processes, inmate grievance processes, substance abuse treatment, educational, vocational, and other programming, and reentry planning;

(2) Use an array of means to gather and substantiate facts, including observations, interviews, surveys, document and record reviews, video and tape recordings, reports, statistics, and performance-based outcome measures;

(3) Work collaboratively and constructively with administrators, legislators, and others to improve a correctional facility's operations and conditions, where possible;

(4) Conduct scheduled and unannounced inspections of any part or all of a correctional facility at any time; provided that the correctional facility shall adopt procedures to ensure that unannounced inspections are conducted in a reasonable manner;

(5) Obtain and inspect any and all records, including inmate and personnel records, bearing on the correctional facility's operations or conditions;

(6) Conduct confidential interviews with any person, including line staff and inmates, concerning the correctional facility's operations and conditions;

(7) Hold public hearings;

(8) Subpoena witnesses and documents; and

(9) Require that witnesses testify under oath.

(d) Inspections conducted pursuant to subsection (c) shall examine whether committed persons are:

(1) Held in safety;

(2) Treated with respect for their human dignity;

(3) Able to engage in purposeful activity; and

(4) Prepared for resettlement back into the community.

(e) Following any inspection of a correctional facility under subsection (c), the independent correctional oversight board shall submit a report of its findings and any recommendations to the department and make the report available to the public.

(f) The department shall address all findings and recommendations made by the independent correctional oversight board pursuant to subsection (e), including whether the department accepts or rejects a recommendation of the independent correctional oversight board, and how accepted recommendations will be implemented within sixty days or in a reasonable amount of time as determined by the independent correctional oversight board. The department shall make available to the public on a semi-annual basis a progress report detailing measures the department has taken to address any findings and recommendations of the independent correctional oversight board.

(g) To facilitate the independent correctional oversight board's authority under subsection (c), the department shall establish policies that:

(1) Enable correctional facility administrators, line staff, inmates, and others to transmit information confidentially to the independent correctional oversight board about the facility's operations and conditions;

(2) Ensure that adequate safeguards are in place to protect individuals who transmit information to the independent correctional oversight board from retaliation and threats of retaliation;

(3) Afford correctional facility administrators the opportunity to review reports submitted pursuant to subsection (e) and provide feedback about those reports to the independent correctional oversight board before the reports are made available to the public; provided that the release of any report to the public by the independent correctional oversight board is not subject to approval from any other entity or person;

(4) Ensure that reports submitted by the independent correctional oversight board apply legal requirements, requirements under this section, and other criteria to objectively and accurately review and assess a correctional facility's policies, procedures, programs, and practices;

(5) Review all reports submitted by the independent correctional oversight board, identify systemic problems and the reasons for the problems, and develop solutions; and

(6) Confirm that the independent correctional oversight board reports are made available to the public, subject to reasonable privacy and security requirements as determined by the independent correctional oversight board."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3054
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII