THE SENATE	S.B. NO.	2777
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SEARCHES OF FEMALE INMATES.

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

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353-   Searches of female inmates. (a) A male correctional facility employee shall not conduct a pat down search of a female inmate unless the prisoner presents a risk of immediate harm to herself or others or risk of escape and a female correctional facility employee is not available to conduct the search.

(b) A male correctional facility employee shall not enter into an area of the institution where female inmates may be in a state of undress, or be in an area where they can view females in a state of undress, including but not limited to restrooms, shower areas, or medical treatment areas, unless an inmate in the area presents a risk of immediate harm to herself or others or if there is a medical emergency in the area. A male correctional facility employee shall not enter into an area prohibited under this subdivision if there is a female correctional employee who can resolve the situation in a safe and timely manner without his assistance. Male correctional facility employees shall announce their presence when entering a housing unit.

(c) If a male correctional facility employee conducts a pat down search under an exception provided in subsection (a) or enters a prohibited area under an exception provided in subsection (b), the circumstances for and details of the exception shall be documented within three days of the incident. The documentation shall be reviewed by the warden and retained by the institution for reporting purposes.

(d) The department may promulgate rules and regulations for the administration of this section."

SECTION 2. The department of public safety shall increase its recruitment and training of female adult corrections officers to satisfy the requirements of female gender specific posts. The department of public safety shall make every effort within the law to address the concerns of the advocates, requirements of the federal Prison Rape Elimination Act of 2003, and staffing shortages of female gender specific posts, as well as the hiring and training of female adult corrections officers to effectuate the purposes of this Act.

SECTION 3. No later than twenty days prior to the convening of the regular session of 2023, the department of public safety shall submit to the legislature a report of its efforts in recruiting, hiring, and training female adult corrections officers.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

Report Title:

Female Inmates; Pat Downs; Searches; Correctional Facilities; Prisons; Department of Public Safety

Description:

Requires pat downs and searches of female inmates be conducted by a female correctional facility employee unless the prisoner presents a risk of immediate harm to herself or others or risk of escape. Prohibits male correctional facility employees from entering areas where female inmates may be in a state of undress including, but not limited to, restrooms, shower areas, or medical treatment areas, unless an inmate in the area presents a risk of immediate harm to herself or others or if there is a medical emergency in the area. Requires any prohibited search, pat down, or entry by a male correctional facility employee be documented within three days of the incident, reviewed by the warden, and retained by the institution for reporting purposes. Requires the Department of Public Safety to increase its recruitment and training of female adult corrections officers to satisfy the requirements of female gender specific posts. Requires the Department of Public Safety to make every effort within the law to address the concerns of the advocates, the requirements of the Prison Rape Elimination Act, and staffing shortages of female gender specific posts, as well as the hiring and training of female adult corrections officers. Requires a report to the legislature. Effective July 1, 2050. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.