REPORT TITLE:
Schools; night security.  Prison development.  Intermediate
sanctions.


DESCRIPTION:
Transfers the responsibility of the administration of the night
security program for selected public schools from the Department
of Public Safety to the Department of Education.  Authorizes the
governor to proceed with the development of private in-state or
in-state turnkey correctional facilities using public or/and
private funds, to reduce prison overcrowding, subject to the need
for a certificate of participation if private funds are used.
Addresses the prison overcrowding issue by continuing the
comprehensive schedule of incarceration alternatives and
continuing rehabilitative and assistive programs for arrestees
and incarcerated persons.  (SB1274 HD1)

 
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                                                        1274
THE SENATE                              S.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SAFETY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                              PART I
 
 2      SECTION 1.  Section 26-14.6, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (h) to read as follows:
 
 4      "(h)  Effective [January 1, 1993] July 1, 1999, the
 
 5 functions and authority heretofore exercised by the
 
 6 [superintendent of education] director of public safety and the
 
 7 department of [education] public safety relating to after hours
 
 8 security contracts at [its] department of education facilities,
 
 9 [including] except for the security functions being performed by
 
10 employees of the public library system as well as the contractual
 
11 security services for the libraries, shall be transferred to the
 
12 department of [public safety.] education."
 
13      SECTION 2.  All rights, powers, functions, and duties of the
 
14 department of public safety relating to the after hour security
 
15 contracts at department of education facilities shall be
 
16 transferred to the department of education.
 
17      All officers and employees of the department of public
 
18 safety whose functions are transferred by this Act shall be
 
19 transferred with their functions and shall continue to perform
 

 
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 1 their regular duties upon the transfer, subject to the state
 
 2 personnel laws and this Act.
 
 3      No officer or employee of the State having tenure who is
 
 4 transferred by this Act shall suffer any loss of salary,
 
 5 seniority, prior service credit, vacation, sick leave, or other
 
 6 employee benefit or privilege as a consequence of this Act, and
 
 7 such officer or employee may be transferred or appointed to a
 
 8 civil service position without the necessity of examination;
 
 9 provided that the officer or employee possesses the minimum
 
10 qualifications for the position to which transferred or
 
11 appointed; and provided that subsequent changes in status may be
 
12 made pursuant to applicable civil service and compensation laws.
 
13      An officer or employee of the State who does not have tenure
 
14 and who may be transferred or appointed to a civil service
 
15 position as a consequence of this Act shall become a civil
 
16 service employee without any loss of salary, seniority, prior
 
17 service credit, vacation, sick leave, or other employee benefits
 
18 or privileges and without the necessity of examination; provided
 
19 that the officer or employee possesses the minimum qualifications
 
20 for the position to which transferred or appointed.
 
21      In the event that an office or position held by an officer
 
22 or employee having tenure is abolished, the officer or employee
 
23 shall not thereby be separated from public employment, but shall
 

 
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 1 remain in the employment of the State with the same pay and
 
 2 classification and shall be transferred to some other office or
 
 3 position for which the officer or employee is eligible under the
 
 4 personnel laws of the State as determined by the head of the
 
 5 department or the governor.
 
 6      SECTION 3.  All appropriations, records, equipment,
 
 7 machines, files, supplies, contracts, books, papers, documents,
 
 8 maps, and other personal property heretofore made, used,
 
 9 acquired, or held by the department of public safety relating to
 
10 the functions transferred to the department of education by this
 
11 Act shall be transferred with the functions to which they relate.
 
12      SECTION 4.  Section 353-16.35, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]§353-16.35[]]  Development of in-state correctional
 
15 facilities.  Notwithstanding any other law to the contrary, the
 
16 governor, with the assistance of the director, may [negotiate
 
17 with any person for the development of private in-state
 
18 correctional facilities or public in-state turnkey correctional
 
19 facilities,] proceed with the development of privately developed
 
20 in-state correctional facilities or an in-state correctional
 
21 facility utilizing public funds or private funds, or a
 
22 combination of both to reduce prison overcrowding.  If private
 
23 funds are utilized for the development of such a facility, then a
 

 
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 1 certificate of participation meeting the requirements of chapter
 
 2 37D shall be required as part of the agreement between the
 
 3 governor and the private entity.  The private developer shall
 
 4 provide proof that the cost of private funds shall not exceed the
 
 5 cost of public funds.
 
 6      Any development proposal shall address the construction of
 
 7 the facility separate from the operation of the facility and
 
 8 shall consider and include:
 
 9      (1)  The percentage of low, medium, and high security
 
10           inmates and the number of prison beds needed to
 
11           incarcerate each [of the foregoing classes] class of
 
12           inmates;
 
13      (2)  The need for medium security beds and program space;
 
14      (3)  The need for female beds;
 
15     [(2)] (4)  The facility's impact on existing infrastructure,
 
16           and an assessment of improvements and additions that
 
17           will be necessary;
 
18     [(3)] (5)  The facility's impact on available modes of
 
19           transportation, including airports, roads, and
 
20           highways; and
 
21     [(4)] (6)  A useful life costs analysis.
 
22      For the purposes of this section, "useful life costs" means
 
23 an economic evaluation that compares alternate building and
 

 
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 1 operating methods and provides information on the design,
 
 2 construction methods, and materials to be used with respect to
 
 3 efficiency in building maintenance and facilities operation."
 
 4      SECTION 5.  Section 353-16.36, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§353-16.36[]]  Contracts for construction of
 
 7 correctional facilities by private entities.  [The]
 
 8 Notwithstanding any other law to the contrary, the governor may
 
 9 enter into and execute contracts in the name of the State with
 
10 any private entity to construct and then lease or purchase
 
11 correctional facilities on public or private lands for the
 
12 benefit of the State."
 
13      SECTION 6.  Section 353-16.37, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]§353-16.37[]]  Community partnering.   Regardless of the
 
16 method for funding new prison facilities, the department of
 
17 public safety shall develop and implement a [community partnering
 
18 process to be incorporated into the request for proposal;
 
19 provided further that a] community benefit and enhancement
 
20 package [shall be developed by the department and the affected
 
21 community] to mitigate the negative aspects of building a
 
22 [prison] correctional facility in the community[; provided
 
23 further that the].  The benefit and enhancement package may
 

 
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 1 include[,] but is not limited to[, infrastructure]:
 
 2      (1)  Infrastructure improvements[, job]:
 
 3      (2)  Job training programs or improvements to schools and
 
 4           health care facilities[, social];
 
 5      (3)  Social programs[,]; and [other]
 
 6      (4)  Other government functions.
 
 7      The private developer shall include in their proposal,
 
 8 schematic plans and a fixed dollar amount dedicated to
 
 9 improvements that will be included in the total development
 
10 package.
 
11      All proposals shall be made public within seventy-two hours
 
12 of receipt so the public and the legislature can express
 
13 opinions regarding the design and cost of the various proposals.
 
14      To indicate community concurrence with the project, the
 
15 private developer shall, through a petition, receive affirmative
 
16 signatures of not less than fifty-five per cent of all registered
 
17 voters living within an eight-mile radius of the proposed site."
 
18      SECTION 7.  The legislature finds that rehabilitation
 
19 programs that educate and prepare persons who are awaiting trial,
 
20 have been convicted, are incarcerated, or are on parole, are
 
21 critical to the future well-being of the community.  In addition,
 
22 prompt handling of drug cases and more intensive judicial
 
23 involvement with monitoring will help ensure the effectiveness of
 

 
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 1 the system.
 
 2      The legislature further finds that alternatives to
 
 3 incarceration that do not undermine public safety include the
 
 4 intensive supervision of appropriate probationers that was proven
 
 5 effective as a pilot project in the first circuit court several
 
 6 years ago.  The integrated community sanctions program will
 
 7 implement this concept through structured intermediate sanctions
 
 8 established by probation offices of the circuit courts for
 
 9 nonviolent offenders.  Targeted offenders include probation
 
10 violators, who may not qualify under a drug diversion program,
 
11 and sentenced felons or misdemeanants who commit nonviolent
 
12 property offenses.  The program will provide community sanctions
 
13 of house arrest, intensive supervision, and curfew using
 
14 electronic monitoring devices.  To improve surveillance,
 
15 probation supervision operations will be decentralized, using
 
16 existing community sites such as rural district court facilities.
 
17 On Oahu, two teams of two officers each will:
 
18      (1)  Be dedicated to a specific geographic area;
 
19      (2)  Supervise approximately thirty-five offenders per team;
 
20           and
 
21      (3)  Conduct late evening surveillance as required.
 
22      The purpose of this Act is to address the issue of prison
 
23 overcrowding at a time when budget considerations constrain
 

 
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 1 investment in new prison facilities by:
 
 2      (1)  Continuing the comprehensive schedule of alternatives
 
 3           to incarceration established by Act 25, Special Session
 
 4           Laws of Hawaii 1995; and
 
 5      (2)  Continuing the rehabilitative and assistance programs
 
 6           for arrestees and incarcerated persons established by
 
 7           Act 25, Special Session Laws of Hawaii 1995.
 
 8                              PART II
 
 9      SECTION 8.  The judiciary may establish an appropriate
 
10 number of temporary positions for the purpose of implementing the
 
11 integrated community sanctions program for fiscal biennium 1999-
 
12 2001.
 
13      SECTION 9.  There is appropriated out of the general
 
14 revenues of the State of Hawaii the sum of $         or so much
 
15 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
16 of $         or so much thereof as may be necessary for fiscal
 
17 year 2000-2001 for the integrated community sanctions program.
 
18                             PART III
 
19      SECTION 10.  The legislature finds that early intervention
 
20 of drug treatment for nonviolent drug offenders is an essential
 
21 part of the drug court concept and will divert offenders from
 
22 jail into residential or appropriate out-patient treatment
 
23 programs upon initial detention.  The department of public
 

 
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 1 safety, the offices of the prosecuting attorneys in the various
 
 2 circuits, and the drug court in the first circuit and other
 
 3 courts, as appropriate, may identify the substance abuser after
 
 4 arrest, assess the extent of addiction, determine the level of
 
 5 treatment needed, and refer the individual to a substance abuse
 
 6 program until clinical discharge with approval of the appropriate
 
 7 authority.  Failure to successfully complete drug treatment will
 
 8 result in increasing sanctions, including incarceration.
 
 9      Many pretrial detainees currently qualify for such a program
 
10 but none are available because of limited resources.  The
 
11 legislature therefore finds it necessary to fund drug treatment
 
12 programs for offenders diverted from jail on supervised release
 
13 by the courts and in connection with programs of deferred
 
14 prosecution that may be established by offices of prosecuting
 
15 attorneys in the various circuits.  It is anticipated that at
 
16 least forty-eight pretrial offenders per year will be diverted to
 
17 drug treatment in connection with the circuit courts.  The
 
18 department of public safety estimates that forty-eight other
 
19 offenders in the first year, and ninety-six in the second year of
 
20 the biennium would be eligible for diversion through supervised
 
21 release.
 
22      SECTION 11.  There is appropriated out of the general
 
23 revenues of the State of Hawaii the sum of $         or so much
 

 
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 1 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 2 of $         or so much thereof as may be necessary for fiscal
 
 3 year 2000-2001 for the drug treatment programs.
 
 4                              PART IV
 
 5      SECTION 12.  The legislature finds that the primary mission
 
 6 of the State's correctional function is the protection of the
 
 7 public.  One way this protection is achieved is through programs
 
 8 that prepare inmates for successful reintegration into the
 
 9 community after their release from incarceration.  Without this
 
10 preparation, most inmates will have great difficulty in
 
11 establishing meaningful, productive, crime-free lives.  Upon
 
12 entry into prison, approximately sixty per cent of the inmates
 
13 are functionally illiterate, most have no real vocational skills,
 
14 and eighty-five per cent have a history of substance abuse.  The
 
15 number of inmates who are sex offenders is growing rapidly.
 
16      Unless programs are available to address these issues, these
 
17 inmates cannot safely be released into the community.  The Hawaii
 
18 paroling authority has found that a large majority of parole
 
19 violations are attributable to substance abuse.  In addition,
 
20 many sex offenders are not adequately prepared for release into
 
21 the community because of limited treatment opportunities in
 
22 prison, and thus must remain incarcerated, contributing to
 
23 overcrowding.
 

 
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 1      The legislature therefore finds that correctional programs
 
 2 need to be properly funded to:
 
 3      (1)  Protect the public;
 
 4      (2)  Alleviate overcrowding; and
 
 5      (3)  Give inmates the opportunity to successfully return to
 
 6           the community.
 
 7      SECTION 13.  The department of public safety may establish
 
 8 appropriate temporary positions for inmate basic education and
 
 9 vocational programs; the purchase of services for medically
 
10 disabled inmates in the sex offender treatment program; personnel
 
11 costs for surveillance groups in the sex offender treatment
 
12 program; personnel costs, other current expenses, and equipment
 
13 for the assessment center of the sex offender treatment program;
 
14 and personnel costs and other current expenses for substance
 
15 abuse programs for fiscal biennium 1999-2001.
 
16      SECTION 14.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $         or so much
 
18 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
19 of $         or so much thereof as may be necessary for fiscal
 
20 year 2000-2001 for the community reintegration programs.
 
21                              PART V
 
22      SECTION 15.  The Hawaii paroling authority is limited in
 
23 program options by the lack of alternatives for a parolee who is
 

 
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 1 employed but who is violating technical conditions of the
 
 2 parolee's parole.  Current practice is to return the parolee to
 
 3 custody for up to ninety days, due to high caseloads, rather than
 
 4 providing extensive daily supervision and keeping the parolee out
 
 5 of custody.  In this situation, the parolee invariably loses the
 
 6 parolee's job, reducing the chances of successful parole
 
 7 completion.
 
 8      In fiscal year 1994, approximately thirty per cent or
 
 9 eighty-six technical parole violators could have utilized a
 
10 structured residential program in lieu of revocation and
 
11 reincarceration.  Many are drug users who must be removed from
 
12 their current environment to abstain from drugs and enter
 
13 treatment.  This can be accomplished at the residential facility.
 
14      The legislature finds that it is more practical and
 
15 financially responsible to place these employed parolees in a
 
16 residential facility with work release than to return these
 
17 offenders to prison.
 
18      SECTION 16.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $         or so much
 
20 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
21 of $         or so much thereof as may be necessary for fiscal
 
22 year 2000-2001 for the residential work-furlough program.
 
23      SECTION 17.  The legislature finds that in order to promote
 

 
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 1 successful reintegration into the community, there is a need to
 
 2 provide an opportunity for the exiting offender to assume
 
 3 increasing levels of responsibility, while at the same time,
 
 4 providing sufficient monitoring of the offender's activity to
 
 5 promote community safety and to continue the sanction of the
 
 6 sentence.
 
 7      SECTION 18.  The department of public safety shall establish
 
 8 a "Halfway In, Halfway Back" program for inmates who are within
 
 9 the last six months of their incarceration.  This shall be a
 
10 graduated transitional release program, which will permit an
 
11 inmate to live at his or her home and work at gainful employment,
 
12 while continuing official supervision in the community by both
 
13 residential facility staff and department of public safety staff.
 
14 The program will provide highly structured supervision,
 
15 reporting, employment, restitution, and community activities for
 
16 inmates.  The program will be operated by existing residential
 
17 facility contractors providing these services statewide.  The
 
18 program's overview is as follows:
 
19      (1)  Residential facility staff shall monitor the program on
 
20           a seven-day-a-week, twenty-four-hour-a-day basis;
 
21      (2)  The residential facility director shall oversee daily
 
22           operations and act as a liaison to the department of
 
23           public safety;
 

 
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 1      (3)  Violations may result in the inmates' return to a more
 
 2           restrictive level of supervision and reporting;
 
 3      (4)  The residential facility staff will assure offender
 
 4           compliance with the individual release plan program
 
 5           through routine scheduled and unscheduled checks with
 
 6           the inmate;
 
 7      (5)  The residential facility case manager shall review and
 
 8           approve daily and weekly schedules; and
 
 9      (6)  The residential facility staff shall verify offender
 
10           compliance in the community by random home, school, or
 
11           work site telephone contacts.
 
12      SECTION 19.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $         or so much
 
14 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
15 of $         or so much thereof as may be necessary for fiscal
 
16 year 2000-2001 for the "Halfway In, Halfway Back" program.
 
17      SECTION 20.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $         or so much
 
19 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
20 of $         or so much thereof as may be necessary for fiscal
 
21 year 2000-2001 for the early parole program.
 
22                              PART VI
 
23      SECTION 21.  Without continued treatment while on parole,
 

 
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 1 sex offenders will pose a significant danger to the community.
 
 2 Similarly, drug-dependent offenders crave illegal substances and
 
 3 will do almost anything to continue their addiction.  Without
 
 4 substance abuse treatment, they will pose a continuing threat to
 
 5 the community.  In addition, an estimated eighty per cent (or two
 
 6 hundred twenty-nine) of parole violators who returned to prison
 
 7 return due to drug-related activities.  Without substance abuse
 
 8 treatment while in the community, drug dependent offenders pose a
 
 9 risk to community safety and are more likely to fail parole and
 
10 be incarcerated.
 
11      SECTION 22.  There is appropriated out of the general
 
12 revenues of the State of Hawaii the sum of $         or so much
 
13 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
14 of $         or so much thereof as may be necessary for fiscal
 
15 year 2000-2001 for sex offender and substance abuse treatment
 
16 services.
 
17                             PART VII
 
18      SECTION 23.  The sanctions programs sums appropriated shall
 
19 be expended by the department of public safety for the purposes
 
20 of this Act.
 
21      SECTION 24.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 25.  This Act shall take effect on July 1, 1999,
 

 
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 1 except for Sections 1 through 6 of this Act which shall take
 
 2 effect upon its approval. 
 

 
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