Bill Text: HI SB744 | 2022 | Regular Session | Amended
Bill Title: Relating To Correctional Facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB744 Detail]
Download: Hawaii-2022-SB744-Amended.html
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THE SENATE |
S.B. NO. |
744 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO CORRECTIONAL FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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[.]; private correctional facilities
prohibited. (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) No private correctional
facility shall be established within the State.
[(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 353-16.36, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353-16.36[]] Contracts for construction of correctional
facilities by private entities. The
governor may enter into and execute contracts in the name of the State with any
private entity to construct [and then lease or purchase] correctional
facilities on public or private lands for the benefit of the State[.];
provided that the correctional facility is operated by the department."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on May 6, 2137.
Report Title:
In-State Private Correctional Facility; Prohibition; Department of Public Safety
Description:
Repeals the authorization for the governor to negotiate with any person for the development or expansion of private in-state correctional facilities. Prohibits the establishment of private correctional facilities within the State. Allows the governor to enter into a contract with a private entity to construct correctional facilities on public or private lands for the benefit of the State if the facilities are operated by the Department of Public Safety. Repeals the authorization of the governor to enter into a contract with a private entity for the lease or purchase of correctional facilities the entity constructs. Effective 5/6/2137. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
