STAND. COM. REP. NO. 735

Honolulu, Hawaii

RE: S.B. No. 1243

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 1243, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PHASEOUT OF PRIVATE CORRECTIONAL FACILITIES,"

beg leave to report as follows:

The purpose and intent of this measure is to phase out the use of privately-operated mainland correctional facilities to incarcerate Hawaii inmates and require the approval of the Hawaii Correctional System Oversight Commission to construct any new, or expand any existing, correctional facilities in the State.

Your Committees received written comments in support of this measure from the Office of the Public Defender; Office of Hawaiian Affairs; Common Cause Hawaii; Community Alliance on Prisons; Americans for Democratic Action; Imua Alliance; League of Women Voters of Hawaii; United Public Workers, AFSCME Local 646, AFL-CIO; American Civil Liberties Union of Hawaii; Hawaii Government Employees Association; Kokua Kalihi Valley Comprehensive Family Services; and numerous individuals.

Your Committees received written comments in opposition to this measure from the Department of Public Safety and one individual.

Your Committees received written comments on this measure from one individual.

Your Committees find that incarcerating Hawaii inmates in mainland facilities can have detrimental and destructive effects on the inmates, who are separated from their homes, cultures, families, job prospects, and community support systems. Your Committees further find that the Hawaii Correctional System Oversight Commission has the expertise needed to make decisions about any future correctional facility expansion or construction in the State.

Your Committees have amended this measure by:

(1) Changing the effective date to July 1, 2050 to facilitate further discussion on the measure; and

(2) Making technical nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1243, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 1243, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ DONOVAN M. DELA CRUZ, Chair