HOUSE OF REPRESENTATIVES	H.B. NO.	840
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CORRECTIONAL FACILITIES.

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

SECTION 1. The purpose of this Act is to replace the Oahu Community Correctional Center by immediately initiating the planning and design process to develop a community correctional facility to house one thousand two hundred to one thousand five hundred inmates.

The legislature finds the administration has expressed a willingness to consider the relocation of the Oahu Community Correctional Center, in part, because the present facility neither properly serves the needs of its overall inmate population nor adequately fulfills its public safety role in a safe or efficient manner. In November 2013, the State issued a request for information on construction of a new, 1,125-bed Oahu Community Correctional Center to accommodate current and projected detention needs, including inmates currently housed at the Federal Detention Facility in Honolulu. In addition, the State requested that the new community correctional facility be able to accommodate inmates with mental health, behavioral, and medical challenges, and be located on a site that could deliver inmates daily to the First Circuit Court in Honolulu in a timely manner.

The legislature acknowledges the State's plan to replace the Oahu Community Correctional Center. Accordingly, the state plans to issue a request for proposal on the design and construction of a new, minimum- to medium-security community correctional facility to be located at, or near, the Halawa Correctional Facility. The legislature also recognizes that the State is open to financing options for the new community correctional facility and the legislature recommends that the new community correctional facility be developed in a public-private partnership that is subject to the Hawaii Public Procurement Code, chapter 103D, Hawaii Revised Statutes.

SECTION 2. (a) Within ninety days of the effective date of this Act, the director of public safety shall enter into a contract with a certified or accredited correctional design professional for the planning and preliminary design for a one thousand two hundred to one thousand five hundred bed community correctional facility to replace the Oahu Community Correctional Center. The design professional shall be selected pursuant to section 103D-304, Hawaii Revised Statutes. The community correctional facility shall be a secure, minimum- to medium-security community correctional facility designed to provide intensive in-house rehabilitation programs for the treatment of chemical dependency and abuse and other mental health problems.

(b) The community correctional facility shall be designed to be operated by the State with the capability to provide a total continuum of programs that address education, prevention, and treatment, and are directed at preventing drug and substance abuse and treating other mental health problems.

(c) By February 1, 2016, the director of public safety shall submit a progress report to the legislature that includes the following:

(1) The preliminary design and projected cost of the community correctional facility, which shall be designed to be accredited by the American Correctional Association;

(2) A request for proposals for the private development of the community correctional facility for the State on a turn-key basis;

(3) A prioritized list of suitable sites, including the undeveloped portion of the Halawa correctional facility site and other public lands and private property, along with the estimated cost of acquisition, the costs for site preparation, and the cost for providing all necessary infrastructure to support the proposed community correctional facility;

(4) A proposal for the financing of the acquisition of the turn-key completed community correctional 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; and

(5) Any proposed legislation required for the implementation of the final design, construction, purchase, and operation of the community correctional facility.

SECTION 3. This Act shall not be construed to prohibit the governor from negotiating or contracting with any person for the development of other in-state correctional facilities pursuant to sections 353-16.35 and 353-16.36, Hawaii Revised Statutes. Chapter 103D, Hawaii Revised Statutes, shall apply to any contracts or contracts negotiated or executed under this Act.

SECTION 4. 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 2015-2016, and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the purposes of this Act.

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

SECTION 5. This Act shall take effect on July 1, 2020.