Bill Text: HI HB148 | 2012 | Regular Session | Introduced

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Bill Title: Public Safety; Corrections; Inmate Transfers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB148 Detail]

Download: Hawaii-2012-HB148-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	148
TWENTY-SIXTH LEGISLATURE, 2011
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 the rehabilitation of incarcerated persons benefits from regular family visits.  The legislature further finds that the department of public safety has been sending Hawaii inmates to mainland prisons and transferring Hawaii inmates between in-state facilities at an increasing rate.  Frequent transfers are of concern because they disrupt educational, vocational, treatment, and other programs that are integral to successful rehabilitation and reentry into society.  This is particularly true of inmates detained in mainland prisons.

     The legislature further finds that there are no existing statutes establishing standards governing the transfer of inmates to mainland prisons or between correctional facilities in Hawaii.

     The purpose of this Act is to establish standards for the transfer of Hawaii incarcerated persons to mainland prisons or between in-state correctional facilities.

     SECTION 2.  Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§353‑     Transfer of inmates to other Hawaii correctional facilities.  The director may effect the transfer of a committed felon to any correctional facility located in this State, if the transfer is in the best interests of the State and the welfare of the committed felon will be best served by the transfer; provided that the director shall consider the following criteria prior to the transfer:

     (1)  If the committed felon is currently engaged in a rehabilitation or reentry program prior to the proposed transfer, whether the felon may continue with a similar program at the facility to which transfer is proposed; and

     (2)  Whether other committed felons have volunteered to be transferred; provided that felons volunteering for a transfer shall be given preference for a transfer under this section to achieve cost savings."

     SECTION 3.  Section 353-16.2, Hawaii Revised Statutes, is amended to read as follows:

     "§353-16.2  Transfer of inmates to out-of-state institutions.  (a)  The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; and provided further that the transfer is either:

     (1)  In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or

     (2)  In the interest of the inmate.

     (b)  Terms and conditions of the transfer and any reimbursement for expenses shall be agreed upon between the department and the out-of-state correctional institution prior to transfer.

     (c)   Prior to a transfer of a committed felon under this section, the director shall consider, among other things:

     (1)  Whether the committed felon is regularly participating in extended family leave visitations with the committed felon's child, and whether the transfer would disrupt the visitations.

     (2)  Whether the committed felon is enrolled in a vocational, educational, treatment, reentry, or other program that cannot reasonably be resumed at the correctional facility in another state contemplated for the transfer; and

     (3)  Whether other committed felons have volunteered to be transferred; provided that felons volunteering for a transfer shall be given preference for a transfer under this section to achieve cost savings.

     For purposes of this subsection:

     "Child" means a biological or adopted child under the age of eighteen.

     "Regularly participating":

     (1)  Means participating on a consistent, ongoing basis with the anticipation of continuing participation in the future;

     (2)  Does not include infrequent or occasional participation, unless the opportunities for participation are themselves infrequent or occasional."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Public Safety; Corrections; Inmate Transfers

 

Description:

Specifies criteria that must be considered in deciding whether to transfer inmates between correctional facilities located in Hawaii and correctional facilities located outside of Hawaii.

 

 

 

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