HOUSE OF REPRESENTATIVES	H.B. NO.	1235
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO corrections.

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

SECTION 1. The legislature finds that a civil lawsuit in federal court alleged that a group of women at the women's community correctional center were sexually assaulted at least fifty-three times from 2013 to 2016. A similar case, Smith v. State of Hawaii, resulted in a $100,000 settlement, with $50,000 coming from the State and another $50,000 coming from the guard who pled guilty. These lawsuits pointed specifically to the lack of cameras in the correctional center's control rooms, where a majority of the sexual assault allegedly occurred. According to court documents, in some cases, staff offered food, makeup, crystal meth, and special privileges to inmates in return for compliance with sexual demands, and punishments for noncompliance. Any sexual contact between an inmate and staff is a felony under existing law because prisoners cannot legally give consent.

The legislature further finds that additional cameras in control rooms and body cameras for all guards would help deter sexual assaults and contraband, thereby building a defense against future lawsuits and protecting inmates from rogue guards.

The purpose of this Act is to:

(1) Require the department of public safety to install cameras at the women's community correctional center;

(2) Require guards to wear functioning body cameras while on duty at the women's community correctional center; and

(3) Appropriate funds.

SECTION 2. On or before July 1, 2024, the department of public safety shall install digital cameras in all guard control rooms in the women's community correctional center and require all guards to wear functioning body cameras while on duty at the women's community correctional center. There shall be sufficient coverage to ensure the health and safety of all staff and inmates. The department of public safety shall ensure the documentation and accessibility of video evidence that may pertain to misconduct by staff or inmates, negligent or abusive treatment of inmates, or criminal activity within the women's community correctional facility.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the department of public safety to purchase and install digital cameras in all guard control rooms of the women's community correctional center and to purchase body cameras for guards to wear while on duty at the women's community correctional center.

The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 4. On January 1, 2024, all responsibilities and appropriations under this Act shall transfer from the department of public safety to the department of corrections and rehabilitation, as established by Act 278, Session Laws of Hawaii 2022.

SECTION 5. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

DPS; Women's Community Correctional Center; Control Rooms; Cameras; Body Cameras

Description:

Requires the department of public safety to install digital cameras in all guard control rooms at the women's community correctional center and require all guards to wear body cameras while on duty. Appropriates funds.

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