Bill Text: HI SB969 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Restricted Access to Correctional Facilities; Property Search

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB969 Detail]

Download: Hawaii-2010-SB969-Amended.html

---

Report Title:

Restricted Access to Correctional Facilities; Property Search

 

Description:

Permits the conditional search of persons and vehicles entering state correctional or detention facility grounds.  (SB969 HD1)

 

THE SENATE	S.B. NO.	969
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

 

RELATING TO RESTRICTED ACCESS TO CORRECTIONAL FACILITIES.

 

 

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

 

     SECTION 1.  Section 353-11.5, Hawaii Revised Statutes, is amended to read as follows:

     "§353-11.5  Restricted access to correctional facilities.  (a)  Except for the director and employees of the department of public safety, members of the Hawaii paroling authority, and those persons specified in section 353-29, no person shall enter or remain on the grounds of any state correctional or detention facility unless permission to so enter or remain has been obtained from the administrator of the correctional facility, the administrator's designated representatives, or the director.

     (b)  The entry of any person or vehicle onto state correctional or detention facility grounds may be conditioned upon a search for weapons or contraband; provided that prior to searching the person or the person's vehicle, the correctional staff shall give the person notice and an opportunity to decline a conditional search and be refused entry onto state correctional or detention facility grounds.

     [(b)] (c)  Signs shall be posted at reasonable intervals along the boundary of correctional or detention facilities, informing the public of the restriction against access provided in subsection (a)[.] and of the conditional entry set forth in subsection (b).

     [(c)] (d)  Any person who violates subsection (a) shall be guilty of a [misdemeanor] class C felony."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.