HB1446

SECTION 1. The legislature finds the department of corrections and rehabilitation oversees eight correctional facilities throughout the State: Halawa correctional facility, Waiawa correctional facility, Kulani correctional facility, the women's community correctional center, Hawaii community correctional center, Kauai community correctional center, Maui community correctional center, and Oahu community correctional center. It also contracts with CoreCivic to transfer and incarcerate nine hundred thirty-eight male inmates at Saguaro correctional center in Arizona, despite the availability of open beds at Waiawa correctional facility and Kulani correctional facility.

The legislature recognizes that some correctional facilities throughout the State face issues of overcrowding and understaffing, which threatens the safety and well-being of incarcerated individuals and corrections staff. As of December 2024, there were nine hundred forty-seven individuals incarcerated at the Oahu community correctional center.

The legislature further finds that the department of corrections and rehabilitation reported that from 2021 to 2023, approximately thirty to forty per cent of inmates incarcerated in the State's correctional facilities were homeless immediately prior to entry, and an even larger percentage exit to homelessness. The Hawaii correctional system oversight commission reported that eighty-six per cent of the inmate population needs substance use treatment at some level, Native Hawaiians are disproportionately incarcerated, and many in Hawaii's correctional facilities need mental health services.

The legislature further finds that the department of corrections and rehabilitation, with the support of the department of accounting and government services, is proposing to construct a new, expanded one thousand three hundred bed jail to replace the Oahu community correctional center through a public-private partnership.

The estimated cost to replace the Oahu community correctional center according to the department of corrections and rehabilitation's current plans for expansion and construction is $1,000,000,000. This proposed new jail would make it the single largest public works project in state history and does not include the recurring costs of operation. To date, the department of corrections and rehabilitation has expended approximately $25,000,000 on planning consultants, including public relations professionals on this proposed project.

Furthermore, the legislature finds that expenditure of taxpayer dollars on this proposed project is proceeding even though the department of corrections and rehabilitation has made no discernable effort to maintain and repair existing facilities, including at the Oahu community correctional center. Moreover, the department of corrections and rehabilitation has not immediately implemented actionable changes at the Oahu community correctional center that do not require new construction, as outlined by the Hawaii correctional system oversight commission.

In addition, the legislature finds that the department of corrections and rehabilitation should work collaboratively with justice system partners, beginning on Oahu, to increase diversion infrastructure to substantially reduce incarceration levels in the State's jails, address the root causes of individuals' involvement with the criminal legal system, and decrease pre-trial detention times to six months or less.

The legislature further finds that the department of corrections and rehabilitation has also not provided a full accounting of how past funding relating to the proposed project has been spent. Finally, the legislature finds that the department of corrections and rehabilitation is proceeding with this project without a current comprehensive systems-wide approach to master planning. The department of corrections and rehabilitation is requesting another $30,000,000 to issue a request for proposals to replace the Oahu community correctional facility even though the department's last ten-year master plan update was completed in 2003. The last report lacked an analysis of data-driven systems strategies to significantly reduce the number of individuals who hold pretrial status in the State's jails and divert those who are houseless, poor, and in need of mental health care and substance use treatment to the appropriate service providers.

Accordingly, the purpose of this Act is to:

(1) Require and appropriate funds for the office of the auditor to perform a comprehensive forensic audit of the department of corrections and rehabilitation and department of accounting and general services regarding spending related to the planning, design, financing, construction, and maintenance of a new jail to replace the Oahu community correctional center; and

(2) Require the office of the auditor to submit a report of its findings and recommendations, including any proposed legislation, to the legislature.

SECTION 2. (a) The office of the auditor shall perform a comprehensive forensic audit of the department of corrections and rehabilitation and department of accounting and general services regarding spending related to the planning, design, financing, construction, and maintenance of a new jail to replace the Oahu community correctional center.

(b) The forensic audit shall include, at a minimum:

(1) A review of accountability measures within the department of corrections and rehabilitation and department of accounting and general services related to the planning of a new jail to replace the Oahu community correctional center;

(2) An analysis of the department of corrections and rehabilitation's budget and whether the expenditure of funding related to the planning, design, financing, construction, and maintenance of a new jail to replace the Oahu community correctional center is in accordance with the funding's original purpose;

(3) An examination of the department of corrections and rehabilitation and department of accounting and government services' compliance with procurement laws related to the planning, design, financing, construction, and maintenance of a new jail to replace the Oahu community correctional center;

(4) A list of all contractors and subcontractors; the date of the contracts; the amount of the contracts; the scope of the contractors' and subcontractors' duties; and the completion of the contractors' and subcontractors' duties related to the proposed construction of a new jail to replace the Oahu community correctional center; and

(5) Any other matters that the office of the auditor deems necessary or appropriate.

(c) The office of the auditor shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026.

SECTION 3. The department of corrections and rehabilitation and department of accounting and government services shall fully cooperate with and provide any necessary assistance to the office of the auditor with respect to the comprehensive forensic audit and shall respond promptly to all requests from the office of the auditor, including providing records and other information requested during the course of the audit.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 for the office of the auditor to perform a comprehensive forensic audit pursuant to section 2 of this Act.

The sum appropriated shall be expended by the office of the auditor for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1446
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII