§353-40  Correctional facility and community correctional center deaths; reporting.  (a)  Within forty-eight hours, the director shall report to the governor, and the governor shall report to the legislature, the death of any:

     (1)  Correctional facility or community correctional center employee who:

          (A)  Dies on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside; or

          (B)  Sustains an injury on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; or

     (2)  Hawaii inmate who is incarcerated by or under the care and custody of:

          (A)  A state or contracted correctional facility; or

          (B)  An agent of a state or contracted correctional facility.

     Within seven days of the director's submission of the report to the governor, the department shall post a copy of the report on its public website.

     (b)  The report in subsection (a) shall include the following information:

     (1)  The name of the decedent;

     (2)  The gender and age of the decedent;

     (3)  Whether the decedent was an inmate or an employee;

     (4)  The location of the death or injury leading to the death;

     (5)  The date and time of the death;

     (6)  The cause of death; and

     (7)  Any indication of sexual assault leading to the death.

     (c)  When the official cause of death has been determined, the director shall submit a report to the governor, and the governor shall submit the report to the legislature that shall include the following information:

     (1)  The clinical mortality review conducted in response to the death, including correctional actions to be taken;

     (2)  The official cause of death; and

     (3)  Any indication of sexual assault leading to the death.

     (d)  The information specified in subsection (c)(2) and (3) shall be open to public inspection, unless:

     (1)  Any federal or state law protects the information from disclosure; provided that the report shall cite the applicable federal or state law; or

     (2)  The disclosure of the information would materially impair an ongoing criminal investigation. [L 2022, c 278, pt of §18; am L 2023, c 22, §1]