Bill Text: HI SB582 | 2013 | Regular Session | Introduced

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Bill Title: Correctional Facilities; Prisons; Out-of-State Inmates; Work Release; Pilot Program; Drug Treatment; Drug Court; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to PSM/JDL, WAM. [SB582 Detail]

Download: Hawaii-2013-SB582-Introduced.html

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THE SENATE	S.B. NO.	582
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to crime.

 

 

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

 

PART I

     SECTION 1.  Section 353-16.35, Hawaii Revised Statutes, is amended to read as follows:

     "§353-16.35  Development or expansion of in-state correctional facilities.  (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.

     (b)  Any development or expansion proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:

     (1)  The percentage of low, medium, and high security inmates and the number of prison beds needed to incarcerate each of the foregoing classes of inmates;

     (2)  The facility's impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;

     (3)  The facility's impact on available modes of transportation, including airports, roads, and highways; and

     (4)  A useful life costs analysis.

     (c)  The department shall develop or expand in-state facilities sufficient to meet the requirements of section 353H‑7.

     [(c)] (d)  For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation."

     SECTION 2.  Section 353H-7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§353H-7[]]  Return of out-of-state inmates.  (a)  The director of public safety shall return Hawaii inmates held in out-of-state prisons at least one year prior to the inmate's parole or release date [in order] for these inmates to participate in programs preparing them for reentry on the island where they have the most support; provided that inmates participating in reentry programs at the mainland facility in which they are incarcerated consent to the return.

     (b)  The provisions of subsection (a) shall not prevent the return of other Hawaii inmates held in out-of-state prisons with less than one year left of their sentence from being returned in preparation for reentry to the island where they have the most support.

     (c)  The director of public safety shall return to Hawaii all inmates that are detained or incarcerated in out-of-state prison or correctional facilities by December 31, 2018; provided that there exists sufficient capacity and bed space in Hawaii's prisons and correctional facilities to accommodate those additional inmates.

     (d)  Effective December 31, 2015, the director of public safety shall permit no more than a total of five hundred inmates from Hawaii, at any one time, to be incarcerated in out‑of-state prison or correctional facilities.

     (e)  The department shall plan, design, and construct sufficient facilities to house all prisoners committed to the department's custody to meet the requirements of subsections (a), (c), and (d).  The department shall also develop alternative programs or forms of incarceration, such as electronic monitoring, to detain or house the Hawaii inmates returning to Hawaii from a mainland prison or correctional facility.

     [(c)] (f)  The department [of public safety] shall provide a report to the legislature at the end of each calendar year on any inmates not returned pursuant to this section with an explanation of the reasoning and circumstances for noncompliance."

     SECTION 3.  Section 353-16.2, Hawaii Revised Statutes, is repealed.

     ["§353-16.2  Transfer of inmates to out-of-state institutions.  (a)  The director may effect the transfer of a committed felon 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, 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."]

     SECTION 4.  Section 353-16.3, Hawaii Revised Statutes, is repealed.

     ["§353-16.3  Development of out-of-state Hawaii correctional facilities.  Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with any appropriate out-of-state jurisdiction for the development of Hawaii correctional facilities to reduce prison overcrowding; provided that any agreement negotiated pursuant to this section shall be subject to legislative approval by concurrent resolution in any regular or special session."]

     SECTION 5.  The director of finance is authorized to issue general obligation bonds in the sum of $           or so much thereof as may be necessary, and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2013-2014 for the purpose of planning, designing, and constructing sufficient facilities to house all prisoners committed to the department's custody.

     The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

PART II

     SECTION 6.  There is created within the department of public safety a work release pilot program to allow incarcerated individuals to work on community projects that benefit the local community and the State; provided that those individuals who would work outside a correctional facility as part of the work release pilot program pose no threat to public safety, as determined by the director of public safety.

     (b)  The department of land and natural resources shall collaborate with the department of public safety to identify any potential community projects and employers that could benefit from using incarcerated persons in accordance with this Act.

     (c)  The department of public safety may provide for the shelter of incarcerated persons outside of a correctional facility while participating in the work release pilot program.

     (d)  As an incentive for private companies to hire incarcerated persons, the department of public safety may reimburse the costs of the incarcerated persons' workers' compensation and health insurance expenses.

     (e)  The department of public safety may receive public and private grants for purposes of 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the purposes of this part.

     The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

PART III

     SECTION 8.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-     Establishment of community inpatient drug treatment centers.  There shall be established a community inpatient drug treatment center to be administered by the director.  The community inpatient drug treatment center may be integrated and operated concurrently with any state hospital."

     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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the purposes of this part.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

PART IV

     SECTION 10.  Chapter 603, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§603-     Drug court program; established.  (a)  There is established a permanent drug court program within the circuit court of the first circuit.  Nonviolent substance abusing offenders may be accepted into the drug court program with or without the consent of either the prosecuting attorney or the defendant's attorney.  The purpose of the drug court program is to enhance the effectiveness of the criminal justice system and its substance abuse treatment system through:

     (1)  A probationary treatment period that is tailored to meet the specific rehabilitation needs of the defendant and designed to end or substantially mitigate substance abuse through any combination of:

         (A)  Counseling;

         (B)  Life and social skill development;

         (C)  Academic training; and

         (D)  Employment, as deemed appropriate by the drug court; and

     (2)  Access to:

         (A)  A continuum of substance abuse treatment options;

         (B)  Related case management;

         (C)  Auxiliary and support services;

         (D)  Urinalysis; and

         (E)  Intensive supervision mechanisms; and

     (3)  Judicial tracking and involvement in monitoring treatment participation that may include the use of incentives for compliance and graduated sanctions for noncompliance.

     (b)  The drug court program shall consist of at least one of the existing first circuit court judges, to be selected by the chief justice.

     (c)  The chief justice may select one or more judges of the second, third, and fifth circuits for the drug court program."

     SECTION 11.  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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the purposes of this part.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

PART V

     SECTION 12.  The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal year for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2016, shall lapse as of that date.

     SECTION 13.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 14.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Correctional Facilities; Prisons; Out-of-State Inmates; Work Release; Pilot Program; Drug Treatment; Drug Court; Appropriation

 

Description:

Requires return of all out-of-state inmates by 12/31/2018 if adequate bed space exists in Hawaii's prisons and correctional facilities. Requires that a maximum of 500 Hawaii inmates shall be detained in out-of-state prisons by 12/31/2015.  Requires PSD to plan, design, and construct sufficient facilities to house inmates in Hawaii and to pursue alternatives to incarceration for returning inmates.  Provides for a pilot program for allow incarcerated individuals to work on community projects.  Establishes community inpatient drug treatment.  Expands drug court.  Makes appropriations and authorizes the issuance of general obligation bonds.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.