THE SENATE	S.B. NO.	2644
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

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[.]; ban of private 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)  There shall be no private correctional facility 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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Private Correctional Facility; Ban

 

Description:

Repeals the authorization for the governor to negotiate with any person for the development or expansion of private correctional facilities.  Prohibits the establishment of private correctional facilities in the State.

 

 

 

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