Bill Text: HI HB2458 | 2022 | Regular Session | Introduced

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Bill Title: Relating To Public Safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-28 - Referred to CMV, LMG, FIN, referral sheet 3 [HB2458 Detail]

Download: Hawaii-2022-HB2458-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2458
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

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 corrections division of the department of public safety oversees eight correctional facilities in the State:  the Halawa correctional facility, Hawaii community correctional center, Kauai community correctional center, Kulani correctional facility, Maui community correctional center, Oahu community correctional center, Waiawa correctional facility, and women's community correctional center.

     The legislature recognizes that correctional facilities throughout the State face issues of overcrowding and understaffing, creating threats to the safety and well-being of the adult corrections officers working in these correctional facilities.  The legislature notes that adult corrections officers have been the subject of numerous attacks by inmates in the State's correctional facilities.  In 2017, three adult corrections officers were attacked by inmates at the Oahu community correctional center.  In 2018, an adult corrections officer received head and facial injuries after being attacked by an inmate at the Maui community correctional center.  In 2020, two adult corrections officers were allegedly attacked by inmates at the Hawaii community correctional center over a social distancing dispute.  In 2021, an adult corrections office was assaulted by a Maui community correctional center inmate.  The legislature further finds that, despite these incidents, the most recent studies and reviews of the security staffing needs of each correctional facility were in 1992 and 1996 pursuant to Act 300, Session Laws of Hawaii 1992, and Act 287 Session Laws of Hawaii 1996, respectively.  Further, while the office of the auditor collected data on correctional facility staffing in 2015 for the purpose of an audit, the office did not complete the audit due to a change in office leadership.

     Accordingly, the purpose of this Act is to require the auditor to conduct a management audit of the corrections division of the department of public safety.

     SECTION 2.  (a)  The auditor shall conduct a management audit of the corrections division of the department of public safety to:

     (1)  Evaluate the corrections division's:

          (A)  Recruitment and retention rates; and

          (B)  Hiring policies and practices;

     (2)  Determine whether:

          (A)  The State's correctional facilities are sufficiently staffed;

          (B)  Any staffing issues at the State's correctional facilities may be adequately addressed by the hiring of individuals on an emergency basis;

          (C)  The State's correctional facilities comply with the Family and Medical Leave Act of 1993 and national best practices regarding safety regulations for on-duty adult corrections officers, including whether adult corrections officers are equipped with sufficient safety devices and provided with appropriate training;

          (D)  The corrections division's recruitment and retention policies meet national best practices;

          (E)  The managers of the State's correctional facilities consider the reasons for adult corrections officers' departures; and

          (F)  The department of public safety has enacted any process to curtail abuse by adult corrections officers of temporary disability insurance and workers compensation benefits.

     (3)  Review:

          (A)  The department of public safety's policies and practices of staffing essential and non-essential posts, including any negotiated policies and practices, and whether these classifications provide the highest level of safety for the inmates and adult corrections officers;

          (B)  The compliance and usage of negotiated vacation leave, sick leave, shortage pay, and temporary hazard pay and whether the usage rates are consistent with other correctional facilities in other divisions within the State;

          (C)  Adult corrections officer scheduling and post assignments and whether the scheduling and post assignments follow the department of public safety's policies and procedures and meet national best practices; and

          (D)  The department of public safety's practice of temporarily assigning Oahu community correctional facility adult corrections officers to the Halawa correctional facility and determine the impact of this practice on Oahu community correctional facility's staffing issues; and

     (4)  Analyze any other topics that the auditor deems appropriate.

     (b)  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 2023.

     SECTION 3.  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 2022-2023 for the auditor to conduct a management audit of the corrections division of the department of public safety.

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

     SECTION 4.  This Act shall take effect on July 1, 2022.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Auditor; PSD; Corrections Division; Management Audit; Appropriation

 

Description:

Requires the Auditor to conduct a management audit of the Corrections Division of the Department of Public Safety.  Appropriates moneys.

 

 

 

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