THE SENATE	S.B. NO.	2651
THIRTIETH LEGISLATURE, 2020
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 352-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Employment under such a work release plan [may] shall be at a wage no less than the federal minimum wage [authorized in chapter 387; provided that no more than five hours of a person's workweek shall be paid at wages less than the minimum wage]."

SECTION 2. Section 352-17, Hawaii Revised Statutes, is amended to read as follows:

"§352-17 Compensation in facilities. The director may provide, in accordance with rules and regulations adopted by the director, for the payment of compensation, which shall not be considered as wages, for work performed by a person placed in a youth correctional facility while in such facility and not participating in a work release plan under section 352‑16[.]; provided that the compensation paid to a person placed in a youth correctional facility shall be no less than the federal minimum wage. The compensation shall be credited to the account of such person."

SECTION 3. Section 353-18, Hawaii Revised Statutes, is amended to read as follows:

"§353-18 Director to fix committed persons' compensation. The director, by rule, may classify, grade, and fix earnings to be paid to committed persons who may be confined in any correctional facility of the State[.]; provided that the compensation paid to a committed person shall be no less than the federal minimum wage."

SECTION 4. Section 353-19, Hawaii Revised Statutes, is amended to read as follows:

"§353-19 Compensation for labor or training by committed persons. Every committed person, who is working within a state correctional facility or who is in such training or educational programs as the director or a designated agent pursuant to law prescribes, may be allowed such graduated sums of money as the director by policy determines[.]; provided that the compensation paid to a committed person shall be no less than the federal minimum wage. Any committed person, other than persons on work furlough, engaged in work, training, or education pursuant to this section or work pursuant to this chapter or chapter 354D shall not be considered an employee or in employment."

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 Statutory material to be repealed is bracketed and stricken.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:

Committed Person; Committed Youths; Federal Minimum Wage

Description:

Requires that a committed person and committed youth be paid no less than the federal minimum wage when working in the State.

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