Bill Text: HI SB665 | 2016 | Regular Session | Amended
Bill Title: Public Safety; Prison Oversight Committee; Correctional Facility Visitation
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB665 Detail]
Download: Hawaii-2016-SB665-Amended.html
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THE SENATE |
S.B. NO. |
665 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRISONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there has been an increase in the State's incarcerated population. In 1995, Hawaii's inmate population totaled 3,583 persons and by 2014, the incarcerated population increased to 5,532 persons. The reasons for the incarcerated population increase, according to renowned criminologist, Jeremy Travis, are long sentences, sentencing for drug law violations, and mandatory minimum sentencing that arose out of the "tough on crime" era. Research from The Pew Charitable Trusts found that between 1994 and 2012, Hawaii's crime rate dropped fifty per cent, yet the incarceration rate increased thirty-six per cent.
There is a growing concern regarding the maintenance of safe correctional facilities and the successful reintegration of previously incarcerated individuals into the community. Despite the massive expenditure of taxes and the department of public safety's mandate to operate humane and safe correctional facilities, there is little oversight of these facilities.
The legislature further finds that decades of research and experience demonstrate that all public institutions, from schools to hospitals, benefit from independent, external oversight. Independent oversight is a proven mechanism for identifying and addressing issues before they lead to expensive litigation, media scandals, or other human and fiscal costs. Independent oversight results in significant cost savings through improved operational efficiencies. Furthermore, the public deserves accountability and transparency that are readily achieved through independent oversight.
The legislature additionally finds that there are a number of states that have established independent oversight committees to ensure public and private facilities that confine individuals for alleged or adjudicated crimes meet their legal obligation to ensure constitutional conditions of confinement. The June 2006 Commission on Safety and Abuse in America's Prisons report calls for oversight and accountability of correctional facilities through external oversight. Similarly, in August 2008, the American Bar Association approved a policy recommendation requesting federal and state governments to establish public entities independent of any correctional agency to regularly monitor and report publicly on the conditions in all correctional facilities.
The purpose of this Act is to ensure that the State's correctional facilities comply with federal and state laws and achieve transparency and accountability in the operation of safe and humane correctional facilities by:
(1) Establishing an independent prison oversight committee to monitor and report on the conditions of correctional facilities and inmate treatment; and
(2) Expanding visitation access to correctional facilities to include prison oversight committee members.
SECTION 2. 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- Prison oversight committee. (a) There is established a prison oversight committee, independent of the department, to monitor the conditions of confinement at all state correctional facilities.
(b) The prison oversight committee shall consist of seven members as follows:
(1) One chair and one vice-chair of each of the senate and house of representatives committees with primary jurisdiction over public safety;
(2) A member with significant criminal justice or correctional experience, to be appointed by the president of the University of Hawaii system; and
(3) Two members, one of whom shall be a former inmate of a correctional facility, to be appointed by the governor.
(c) The prison oversight committee shall:
(1) Conduct unannounced visits to state correctional facilities, so long as at least three committee members are present for the visit, one of whom shall be the chair of either the senate or house of representatives committee with primary jurisdiction over public safety;
(2) Investigate the conditions of all state correctional facilities, including confinement areas, and issue reports of findings and recommendations;
(3) Have unfettered and confidential access to state correctional facilities, inmates, staff, documents, and materials to holistically evaluate the treatment of inmates through observations, interviews, surveys, and the gathering of information from statistics and performance-based outcome measures; and
(4) Investigate, if necessary, any past wrongdoing related to a state correctional facility to alleviate future problems and exercise subpoena powers, as needed, in its investigations.
(d) Following any visit to a state correctional facility by the committee, the committee shall provide a visitor report with findings and recommendations to the governor, senate president, speaker of the house of representatives, and department. The committee shall have discretion regarding the release of a visitor report to any additional people or the public.
(e) The members of the committee shall serve without compensation but shall be reimbursed for expenses necessary in the performance of their duties."
SECTION 3. Section 353-29, Hawaii Revised Statutes, is amended to read as follows:
"§353-29 What officials may visit[.];
temporary visitation denial; interviews. (a) The governor,
lieutenant governor, attorney general, director of finance, director of health,
comptroller, judges of all state courts, the ombudsman, the mayors of the
counties, members of the legislature, members of the prison oversight
committee, and members of county councils shall be allowed at suitable
hours on any day to visit any state correctional facility.
(b) If correctional facility personnel are of the opinion that a visit would be dangerous for either the facility or the visiting official and if the director has previously declared that an emergency situation exists in the facility, entry and visitation may be temporarily denied. If temporary denial of entry and visitation exceeds seventy-two hours, the visiting official may petition the court for a ruling requiring the department to show just cause for the denial of visitation.
(c) Visiting officials may privately interview an inmate confined in any state correctional facility and for that purpose may enter the area in which the inmate is confined. If entry into the area of confinement would be dangerous to the discipline of the facility, the inmate shall be moved into another designated area for the private interview between the visiting official and the inmate.
(d) Visiting officials shall not be exempt from prosecution for any criminal offense related to an official's visit to a state correctional facility.
(e) If a visiting official violates this section, any superintendent, warden, or official in charge of a state correctional facility may seek a court ruling to deprive the visiting official of all rights, privileges, and functions of official."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Public Safety; Prison Oversight Committee; Correctional Facility Visitation
Description:
Creates an independent prison oversight committee to monitor and report on the conditions of state correctional facilities, ensuring that the State's correctional facilities comply with federal and state laws and achieve transparency and accountability in the operation of safe and humane correction facilities. Expands visitation access to correctional facilities to include prison oversight committee members. Authorizes temporary denials of visitation to visiting officials under certain conditions. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
