Bill Text: HI HB2746 | 2024 | Regular Session | Introduced
Bill Title: Relating To Public Safety.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Introduced) 2024-02-01 - The committee(s) on HUS recommend(s) that the measure be deferred. [HB2746 Detail]
Download: Hawaii-2024-HB2746-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2746 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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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. The legislature finds that the State should protect incarcerated persons and their loved ones from predatory commercial practices. Private corporations providing goods and services to state correctional facilities should not be allowed to charge exorbitant rates. Currently, the provision of jail and prison communication services is a lucrative industry dominated by a few corporations. The industry is constantly diversifying the array of communication services it provides, at great cost, to jails and prisons, including phone calls, video conferencing, electronic messages, and other communication services. Further, correctional facilities often also benefit financially from communication services contracts by receiving commissions, bonuses, and other financial incentives.
The legislature further finds that
the high cost of jail and prison communication services is a significant
economic drain for incarcerated persons and their families. The Ella Baker Center for Human Rights found
that one in three families with an incarcerated loved one goes into debt to pay
for communication services and visits.
In Hawaii, these costs disproportionately impact Native Hawaiians,
Pacific Islanders, and other people of color.
According to the Ella Baker Center's research, eighty-seven per cent of
those who go into debt for jail and prison communication services are women of
color.
The legislature recognizes the
importance of communication services for persons who are incarcerated. Maintaining family and community connections
is key to successful reentry into life as a free citizen. Many incarcerated persons will reside with
their families after release, and research has shown that incarcerated
individuals who maintain ties with their support networks have higher success
rates and lower recidivism rates.
Regular communication between incarcerated persons and their families,
therefore, benefits public safety.
The legislature also recognizes that
many states and cities across the nation support the provision of free
communication services to jails and prisons.
In 2018, New York City began offering these services at no charge in its
city jails. In 2021, Connecticut became
the first state to offer free communication services in its state prison
system. In 2022, California followed,
and in 2023, Colorado, Minnesota, and Massachusetts did as well. There are now active campaigns to enact these
policies statewide in Michigan, New York, Virginia, and several other states.
The legislature further recognizes the
importance of the statewide automated victim information and notification
system in providing critical information and notification for victims who
deserve to be protected and feel safe in our communities. The legislature believes that the primary
sources of funding for this system should be moneys from the general fund, and
that moneys in the related special fund should be well-managed.
Accordingly, the purpose of this Act is to:
(1) Require and appropriate moneys for the provision of free voice communication services in the State's youth and adult correctional facilities;
(2) Provide that moneys in the automated victim information and notification system special fund shall:
(A) Consist of general fund appropriations and interest and investment earnings; and
(B) Not exceed $600,000 at the end of any fiscal year; and
(3) Appropriate moneys into and out of the automated victim information and notification system special fund.
SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§352-
Free
voice communication services. (a)
Each youth correctional facility shall provide individuals in its
custody with accessible and functional voice communication services, which
shall not be limited beyond program participation, routine facility procedures,
or as necessary so that the use of voice communication services does not
interfere with the facility's necessary operations. The office of youth services may supplement
voice communication service with other communication services, including video
communication and electronic mail or messaging services. Voice communication services and other
communication services shall be provided free of charge to the person
initiating and the person receiving the communication. The office of youth services shall maintain
the same access to voice and other communication services as the office allowed
on January 1, 2024, or improve upon that access.
(b)
No state agency shall derive any form of revenue or financial benefit
from the provision of voice communication services or any other communication
services to a person confined in a Hawaii youth correctional facility.
(c) The office of youth services shall not use
communications services described in this section as a substitute for in-person
visitation."
SECTION 3. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§353-
Free
voice communication services. (a)
Each correctional facility operated or contracted by the department shall
provide individuals in its custody with accessible and functional voice
communication services, which shall not be limited beyond program participation,
routine facility procedures, or as necessary so that the use of voice
communication services does not interfere with the facility's necessary
operations. The department shall supplement
voice communication service with other communication services, including video
communication and electronic mail or messaging services. Voice communication services and other
communication services shall be provided free of charge to the person
initiating and the person receiving the communication. The department shall maintain the same access
to voice and other communication services as the department allowed on January
1, 2024, or improve upon that access.
(b)
No state agency shall derive any form of revenue or financial benefit
from the provision of voice communication services or any other communication
services to a person confined in a correctional facility operated or contracted
by the department.
(c)
The department service shall not use communications services described
in this section as a substitute for in-person visitation."
SECTION 4. Section 353-136, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353-136[]] Automated victim information and notification
system special fund; authorization of payment. (a)
There is established a special fund to be known as the automated victim
information and notification system special fund, to be administered by the
department. [Interest] Moneys
in the fund shall consist of general fund appropriations and interest and
investment earnings credited to the assets of the fund [shall become part of
the fund]. Any remaining balance in
the fund at the end of any fiscal year shall be carried over to the next fiscal
year[.
(b)
Any item purchased by an in-state or out-of-state inmate
from a correctional facility commissary shall be subject to a four per cent
surcharge on the item's price. The
proceeds from the surcharge shall be deposited into the automated victim
information and notification system special fund.
(c)
All proceeds or revenues that are derived from any commission that is
realized pursuant to a telephone service agreement executed by the department
for the provision of telephone services for inmates shall be deposited into the
automated victim information and notification system special fund.
(d)]; provided that the
total amount of moneys in the fund shall not exceed $600,000 at the end of any
fiscal year.
(b) Moneys [received pursuant to subsections
(b) and (c)] in the fund shall be used for the development and
operating expenses, including salaries and benefits of positions as authorized
by the legislature, of the system.
[(e)]
(c) The sum total of all moneys
expended for development and operating expenses, including salaries and
benefits of positions as authorized by the legislature, shall not exceed the [special
fund ceiling related to the fund established by the legislature; provided that
the total moneys expended for these purposes shall not exceed $600,000 in any
one fiscal year.] general fund appropriations made by the legislature
and interest and investment earnings credited to the fund.
[(f)]
(d) Federal funds shall not be
transferred to, or deposited into, the automated victim information and
notification system special fund."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the need provided for by this Act.
SECTION 7. 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 2024-2025 for providing free voice communication services for individuals confined in Hawaii youth correctional facilities.
The sum appropriated shall be expended by the office of youth services for the purposes of this Act.
SECTION 8. 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 2024-2025 for providing free voice communication services for individuals confined in correctional facilities operated or contracted by the department of corrections and rehabilitation.
The sum appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.
SECTION 9. 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 2024-2025 to be deposited into the automated victim
information and notification system special fund.
SECTION 10. There
is appropriated out of the automated victim information and notification system
special fund the sum of $ or so much thereof as may be
necessary for fiscal year 2024-2025 for the development and operating expenses,
including salaries and benefits of positions, of the automated victim
information and notification system.
The sum appropriated shall be expended by
the department of corrections and rehabilitation for the purposes of this Act.
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on July 1, 2024.
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INTRODUCED
BY: |
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Report Title:
Corrections; Confined Youth; Voice Communications; Victim Notification; Appropriations; Expenditure Ceiling Exceeded
Description:
Requires and appropriate moneys for the provision of free voice communication services in the State's youth and adult correctional facilities. Amends sources of funding for and imposes a limit on moneys retained in the victim information and notification system special fund. Appropriates moneys into and out of the automated victim information and notification system special fund. Declares that the appropriations exceed the state general fund expenditure ceiling for fiscal year 2024-2025.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
