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HB1446
HOUSE OF REPRESENTATIVES
H.B. NO.
1446
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to public safety
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds the department
of corrections and rehabilitation oversees eight correctional facilities
throughout the State: Halawa correctional facility, Waiawa correctional
facility, Kulani correctional facility, the women's community correctional
center, Hawaii community correctional center, Kauai community correctional
center, Maui community correctional center, and Oahu community correctional
center.
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It also contracts with CoreCivic
to transfer and incarcerate nine hundred thirty-eight male inmates at Saguaro correctional
center in Arizona, despite the availability of open beds at Waiawa correctional
facility and Kulani correctional facility.
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The
legislature recognizes that some correctional facilities throughout the State
face issues of overcrowding and understaffing, which threatens the safety and
well-being of incarcerated individuals and corrections staff.
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As of December 2024, there were nine hundred
forty-seven individuals incarcerated at the Oahu community correctional
center.
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The
legislature further finds that the department of corrections and rehabilitation
reported that from 2021 to 2023, approximately thirty to forty per cent of
inmates incarcerated in the State's correctional facilities were homeless
immediately prior to entry, and an even larger percentage exit to
homelessness.
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The Hawaii correctional
system oversight commission reported that eighty-six per cent of the inmate
population needs substance use treatment at some level, Native Hawaiians are
disproportionately incarcerated, and many in Hawaii's correctional facilities
need mental health services.
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The legislature
further finds that the department of corrections and rehabilitation, with the
support of the department of accounting and government services, is proposing
to construct a new, expanded one thousand three hundred bed jail to replace the
Oahu community correctional center through a public-private partnership.
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The
estimated cost to replace the Oahu community correctional center according to
the department of corrections and rehabilitation's current plans for expansion
and construction is $1,000,000,000.
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This
proposed new jail would make it the single largest public works project in
state history and does not include the recurring costs of operation.
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To date, the department of corrections and
rehabilitation has expended approximately $25,000,000 on planning consultants,
including public relations professionals on this proposed project.
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Furthermore,
the legislature finds that expenditure of taxpayer dollars on this proposed
project is proceeding even though the department of corrections and
rehabilitation has made no discernable effort to maintain and repair existing
facilities, including at the Oahu community correctional center.
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Moreover, the department of corrections and
rehabilitation has not immediately implemented actionable changes at the Oahu
community correctional center that do not require new construction, as outlined
by the Hawaii correctional system oversight commission.
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In
addition, the legislature finds that the department of corrections and
rehabilitation should work collaboratively with justice system partners,
beginning on Oahu, to increase diversion infrastructure to substantially reduce
incarceration levels in the State's jails, address the root causes of individuals'
involvement with the criminal legal system, and decrease pre-trial detention
times to six months or less.
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The
legislature further finds that the department of corrections and rehabilitation
has also not provided a full accounting of how past funding relating to the
proposed project has been spent.
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Finally,
the legislature finds that the department of corrections and rehabilitation is
proceeding with this project without a current comprehensive systems-wide
approach to master planning.
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The department
of corrections and rehabilitation is requesting another $30,000,000 to issue a request
for proposals to replace the Oahu community correctional facility even though
the department's last ten-year master plan update was completed in 2003.
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The last report lacked an analysis of data-driven
systems strategies to significantly reduce the number of individuals who hold
pretrial status in the State's jails and divert those who are houseless, poor,
and in need of mental health care and substance use treatment to the
appropriate service providers.
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Accordingly,
the purpose of this Act is to:
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(1)
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Require and appropriate funds for the office
of the auditor to perform a comprehensive forensic audit of the department of
corrections and rehabilitation and department of accounting and general
services regarding spending related to the planning, design, financing,
construction, and maintenance of a new jail to replace the Oahu community
correctional center; and
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(2)
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Require the office of the auditor to submit a
report of its findings and recommendations, including any proposed legislation,
to the legislature.
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SECTION
2.
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(a)
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The office of the auditor shall perform a comprehensive forensic audit
of the department of corrections and rehabilitation and department of
accounting and general services regarding spending related to the planning,
design, financing, construction, and maintenance of a new jail to replace the
Oahu community correctional center.
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(b)
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The forensic audit shall include, at a
minimum:
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(1)
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A review of accountability measures within the
department of corrections and rehabilitation and department of accounting and
general services related to the planning of a new jail to replace the
Oahu community correctional center
;
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(2)
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An analysis of the department of corrections
and rehabilitation's budget and whether the expenditure of funding related to
the planning, design, financing, construction, and maintenance of a new jail to
replace the Oahu community correctional center is in accordance with the
funding's original purpose;
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(3)
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An examination of the department of
corrections and rehabilitation and department of accounting and government
services' compliance with procurement laws related to the planning, design,
financing, construction, and maintenance of a new jail to replace the Oahu
community correctional center;
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(4)
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A list of all contractors and subcontractors;
the date of the contracts; the amount of the contracts; the scope of the
contractors' and subcontractors' duties; and the completion of the contractors'
and subcontractors' duties related to the proposed construction of a new jail
to replace the Oahu community correctional center; and
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(5)
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Any other matters that the office of the auditor
deems necessary or appropriate.
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(c)
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The office of the auditor shall submit a
report of its findings and recommendations, including any proposed legislation,
to the legislature no later than twenty days prior to the convening of the
regular session of 2026.
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SECTION 3.
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The department of corrections and
rehabilitation and department of accounting and government services shall fully
cooperate with and provide any necessary assistance to the office of the auditor
with respect to the comprehensive forensic audit and shall respond promptly to all
requests from the office of the auditor, including providing records and other
information requested during the course of the audit.
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SECTION 4.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 for the office of the
auditor to perform a comprehensive forensic audit pursuant to section 2 of this
Act.
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The sum
appropriated shall be expended by the office
of the auditor for the purposes of this Act.
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SECTION 5.
This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Corrections and Rehabilitation; Department of Accounting and General
Services; Comprehensive Forensic Audit; Report; Appropriation
Description:
Requires
the Office of the Auditor to perform a comprehensive forensic audit of the Department
of Corrections and Rehabilitation and Department of Accounting and General
Services related to the planning, design, financing, construction, and
maintenance of a new jail to replace the Oahu Community Correctional Center.
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Requires a report.
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Appropriates funds.
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The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.