HB2473

SECTION 1. The purpose of this Act is to:

(1) Transfer responsibility for vocational, educational, cultural, and other programming and services for offenders from the department of public safety to the judiciary, including responsibility for the comprehensive offender reentry system; the Hawaii correctional industries program; gender-responsive, community-based programs for female offenders; model gender-responsive programs for adult female offenders; and annual reporting to the department of labor and industrial relations on workforce development programs;

(2) Make necessary conforming amendments to relevant statutory provisions;

(3) Require the judiciary to submit a report to the 2023 legislature; and

(4) Appropriate an unspecified sum to the judiciary to effectuate the purpose of this Act.

SECTION 2. All rights, powers, functions, and duties with respect to vocational, educational, cultural, and other programming and services for offenders in the custody of the director of public safety are transferred from the department of public safety to the judiciary, including responsibility for the following:

(1) The comprehensive offender reentry system under chapter 353H, Hawaii Revised Statutes;

(2) The Hawaii correctional industries program under chapter 354D, Hawaii Revised Statutes;

(3) Gender-responsive, community-based programs for female offenders under section 353-6.5, Hawaii Revised Statutes;

(4) Model gender-responsive programs for adult female offenders under chapter 367D, Hawaii Revised Statutes; and

(5) Annual reporting to the department of labor and industrial relations on workforce development programs under section 202-10, Hawaii Revised Statutes.

SECTION 3. All references to "department of public safety", "department", "director of public safety", "director", or similar terms as the case may be, in chapter 353H, except for section 353H-7, chapter 354D, and sections 202-10, 353-6.5, 367D-2, 367D-3, 367D-4, 367D-5, and 367D-8, Hawaii Revised Statutes, shall be amended to "judiciary" or "chief justice", or similar terms as the case may be, as the context requires.

SECTION 4. All employees who occupy civil service positions and whose functions are transferred to the judiciary by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The chief justice may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the judiciary shall be transferred with the functions to which they relate.

SECTION 6. All rules, policies, procedures, guidelines, and other materials adopted or developed by the department of public safety to implement provisions of the Hawaii Revised Statutes that are made applicable to the judiciary by this Act, shall remain in full force and effect until amended or repealed by the department of public safety, pursuant to chapter 91, Hawaii Revised Statutes.

In the interim, every reference to the department of public safety or the director of public safety in those rules, policies, procedures, guidelines, and other materials is amended to refer to the judiciary or the chief justice, as appropriate.

SECTION 7. All service contracts entered into by or on behalf of the department of public safety pursuant to chapter 353H, Hawaii Revised Statutes, and all venture agreements and shared financing agreements entered into by or on behalf of the department of public safety pursuant to chapter 354D, Hawaii Revised Statutes, shall remain in full force and effect until the expiration of those contracts and agreements.

SECTION 8. The judiciary shall submit a report of its findings and recommendations, including any proposed legislation necessary to fully implement the requirements of this Act, to the legislature no later than twenty days prior to the convening of the regular session of 2023.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 to effectuate the purposes of this Act, including the hiring of any necessary staff and the procurement of any necessary office space, equipment, and supplies.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 10. This Act shall take effect on July 1, 2022.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2473
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII