HOUSE OF REPRESENTATIVES	H.B. NO.	1132
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII CORRECTIONAL SYSTEM OVERSIGHT COMMISSION.

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

SECTION 1. Section 353L-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The governor shall appoint an oversight coordinator from a list of three nominees submitted by the commission. The oversight coordinator shall be a person qualified by training and experience to administer the Hawaii correctional system oversight commission and shall be well-versed in criminal justice reform and maintain a firm commitment to the correctional system's transition to a rehabilitative and therapeutic model. [The] Each oversight coordinator appointed after the effective date of this Act shall serve a [two-year] six-year term."

SECTION 2. Section 353L-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The commission shall:

(1) Oversee the State's correctional system and have jurisdiction over investigating complaints at correctional facilities and facilitating a correctional system transition to a rehabilitative and therapeutic model;

(2) Establish maximum inmate population limits for each correctional facility and formulate policies and procedures to prevent the inmate population from exceeding the capacity of each correctional facility;

(3) Work with the department of public safety in monitoring and reviewing the comprehensive offender reentry program, including facility educational and treatment programs, rehabilitative services, work furloughs, and the Hawaii paroling authority's oversight of parolees. The commission may make recommendations to the department of public safety, the Hawaii paroling authority, and the legislature regarding reentry and parole services; [and]

(4) Ensure that the comprehensive offender reentry system under chapter 353H is working properly to provide programs and services that result in the timely release of inmates on parole when the minimum terms have been served instead of delaying the release for lack of programs and services[.]; and

(5) When conducting an investigation:

(A) Meet in executive meetings, as necessary, pursuant to section 92-4;

(B) Hold meetings closed to the public, as necessary, pursuant to section 92-5; and

(C) Take other measures, as necessary,

to maintain confidentiality regarding all matters in the investigation, including the identities of any complainants and witnesses.

To achieve these ends, the commission shall authorize the oversight coordinator to adopt rules in accordance with chapter 91."

SECTION 3. Section 353L-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) [In an investigation, the] The oversight coordinator may make inquiries and obtain information as the oversight coordinator thinks fit, enter without notice to inspect the premises of an agency or correctional facility, and, in an investigation, hold private hearings in accordance with chapter 91."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

Corrections; Oversight; Coordinator; Meetings; Investigations

Description:

Extends the term of the Oversight Coordinator for the Hawaii Correctional System Oversight Commission. Specifies that the Commission shall take measures as necessary to maintain confidentiality in investigations. Broadens the Oversight Coordinator's power to make inquiries, obtain information, and inspect the premises of agencies and correctional facilities.

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