Bill Text: HI HCR204 | 2011 | Regular Session | Amended
Bill Title: Corrections
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Engrossed - Dead) 2011-04-19 - (S) Referred to PGM/HWN, WAM. [HCR204 Detail]
Download: Hawaii-2011-HCR204-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
204 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE DIRECTOR OF PUBLIC SAFETY TO FORM A TASK FORCE TO INITIATE THE PLANNING AND DESIGN PROCESS TO DEVELOP A CORRECTIONAL TREATMENT FACILITY TO HOUSE ONE THOUSAND TO ONE THOUSAND TWO HUNDRED INMATES ON UNDEVELOPED HAWAIIAN HOME LANDS ON THE ISLAND OF HAWAII, AND/OR TO CONSIDER THE FEASIBILITY OF A COMMUNITY-BASED PROGRAM AT THAT LOCATION.
WHEREAS, the State can no longer afford to postpone the construction of correctional facilities in the State; and
WHEREAS, prison overcrowding places the State in a vulnerable position of being subject to charges of civil rights violations and security risks; and
WHEREAS, since 1995, the Department of Public Safety has transported prisoners to facilities in other states, including Oklahoma, Texas, Oregon, Minnesota, Arizona, and Tennessee, based on the premise that such transport is a temporary solution until adequate facilities are built in Hawaii and that the State cannot afford to transport inmates to mainland facilities indefinitely; and
WHEREAS, out-of-state placements cost approximately $24,400,000 per year, or $56 per prisoner per day for care, custody, transportation, inmate compensation, and health care; and
WHEREAS, the arrangement has not been problem-free because, at the mainland facilities, there have been allegations of sexual assault of female prisoners, denial of timely medical treatment, and civil rights violations, and furthermore, the lack of nearby family support, which is an integral part of any successful re-entry into local society, hinders rehabilitation; and
WHEREAS, the great majority of all prisoners incarcerated by the State were convicted of crimes relating to drug laws or other crimes to support drug habits so that simple incarceration without treatment will only lead to recidivism and magnify the problem rather than lead to a reduction of the scourge of drug and substance abuse; and
WHEREAS, it is in the public interest to build a new correctional facility that emphasizes programs to treat substance abuse and mental health issues and is designed to house 1,000 to 1,200 inmates and provide them with intensive drug- and substance-abuse and other mental health treatment; and
WHEREAS, a possible site for a new correctional treatment facility, given that percent of prisoners are of Hawaiian ancestry, may be undeveloped Department of Hawaiian Home Lands property on the Big Island, although other sites that may be more appropriate or economically feasible should also be considered; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the Senate concurring, that the Director of Public Safety is requested to form a task force comprised of elected and administrative state and county officials and community leaders to include but not be limited to:
(1) The Director of Public Safety or a designee;
(2) The Chairperson of the Hawaiian Homes Commission or a designee;
(3) The Director of Business, Economic Development, and Tourism or a designee;
(4) The Director of the Planning Department of the County of Hawaii or a designee;
(5) The Director of Research and Development of the County of Hawaii or a designee; and
(6) A representative of the Hawaiian home lands beneficiary community;
and
BE IT FURTHER RESOLVED that the task force is requested to initiate the planning and design process to develop a correctional treatment facility to house 1,000 to 1,200 inmates on undeveloped Hawaiian home lands property on the Big Island, or other appropriate site, as proposed by the Director of Public Safety; and
BE IT FURTHER RESOLVED that the task force is requested to consider the planning and design of a secure correctional facility that provides intensive in-house rehabilitation programs for the treatment of chemical dependency and abuse and other mental health problems; and
BE IT FURTHER RESOLVED that the task force is requested to consider a correctional treatment facility designed to be operated by the State or a private operator with the ability to provide a total continuum of care programs that address education, prevention, treatment, and supervision services following an offender's reentry into the community and that are designed to achieve the prevention of drug and substance abuse and the resolution of other mental health problems; and
BE IT FURTHER RESOLVED that the task force is requested to consider on undeveloped Hawaiian home lands property on the Big Island, the feasibility of administering and operating a community-based program, which, unlike institution-based programs, reentry programs, or reintegration programs, is a program that is administered and operated outside of a correctional facility; and
BE IT FURTHER RESOLVED that, generally, a community-based program is administered and operated by community agencies, faith-based organizations, nonprofit organizations, and other similar entities, as opposed to state or other government agencies, and is generally successful in helping offenders rehabilitate and reenter society; and
BE IT FURTHER RESOLVED that the task force is
requested to submit a report of its findings and recommendations, including any
proposed legislation, to the Legislature no later than 20 days prior to the
convening of the Regular Session of 2012; and
BE IT FURTHER RESOLVED that the task force is requested to include the
following in its report:
(1) The preliminary design and projected cost of the correctional treatment facility, which shall be designed to be accredited by the American Correctional Association;
(2) Should the facility be constructed by a private developer, a draft request for proposals for the private development of the facility for the State on a turn-key basis;
(3) Should the facility be operated by a private operator, a draft request for proposals for the operation of the correctional treatment facility by a private operator with experience in the successful operation of facilities accredited by the American Correctional Association and the Joint Commission on the Accreditation of Healthcare Organizations;
(4) Should the facility be constructed and operated by the same private entity, a draft request for proposals for the development and operation of the facility under the respective requirements of paragraphs (2) and (3);
(5) A prioritized list of suitable sites, including other public lands and private properties, along with the estimated cost of acquisition, the costs for site preparation, and the cost for the provision of all necessary infrastructure to support the proposed facility;
(6) A proposal for financing the acquisition of the completed turn-key facility, including the use of general obligation bonds, special purpose revenue bonds, tax-exempted project revenue bonds, certificates of participation, or other forms of financing;
(7) Any proposed legislation required for the implementation of the final design, construction, purchase, and operation of the correctional treatment facility; and
(8) The feasibility of administering and operating a community-based program on undeveloped Hawaiian home lands property on the Big Island that would help offenders, among other things, successfully rehabilitate and reenter society;
and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Public Safety, Chairperson of the Hawaiian Homes Commission, Director of Business, Economic Development, and Tourism, Director of Planning of the County of Hawaii, and Director of Research and Development of the County of Hawaii.
Corrections
