Hawaii 2024 Regular Session

Hawaii House Bill HB2746 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2746 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PUBLIC SAFETY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2746
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	2746
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2024
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO PUBLIC SAFETY.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the State should protect incarcerated persons and their loved ones from predatory commercial practices. Private corporations providing goods and services to state correctional facilities should not be allowed to charge exorbitant rates. Currently, the provision of jail and prison communication services is a lucrative industry dominated by a few corporations. The industry is constantly diversifying the array of communication services it provides, at great cost, to jails and prisons, including phone calls, video conferencing, electronic messages, and other communication services. Further, correctional facilities often also benefit financially from communication services contracts by receiving commissions, bonuses, and other financial incentives. The legislature further finds that the high cost of jail and prison communication services is a significant economic drain for incarcerated persons and their families. The Ella Baker Center for Human Rights found that one in three families with an incarcerated loved one goes into debt to pay for communication services and visits. In Hawaii, these costs disproportionately impact Native Hawaiians, Pacific Islanders, and other people of color. According to the Ella Baker Center's research, eighty-seven per cent of those who go into debt for jail and prison communication services are women of color. The legislature recognizes the importance of communication services for persons who are incarcerated. Maintaining family and community connections is key to successful reentry into life as a free citizen. Many incarcerated persons will reside with their families after release, and research has shown that incarcerated individuals who maintain ties with their support networks have higher success rates and lower recidivism rates. Regular communication between incarcerated persons and their families, therefore, benefits public safety. The legislature also recognizes that many states and cities across the nation support the provision of free communication services to jails and prisons. In 2018, New York City began offering these services at no charge in its city jails. In 2021, Connecticut became the first state to offer free communication services in its state prison system. In 2022, California followed, and in 2023, Colorado, Minnesota, and Massachusetts did as well. There are now active campaigns to enact these policies statewide in Michigan, New York, Virginia, and several other states. The legislature further recognizes the importance of the statewide automated victim information and notification system in providing critical information and notification for victims who deserve to be protected and feel safe in our communities. The legislature believes that the primary sources of funding for this system should be moneys from the general fund, and that moneys in the related special fund should be well-managed. Accordingly, the purpose of this Act is to: (1) Require and appropriate moneys for the provision of free voice communication services in the State's youth and adult correctional facilities; (2) Provide that moneys in the automated victim information and notification system special fund shall: (A) Consist of general fund appropriations and interest and investment earnings; and (B) Not exceed $600,000 at the end of any fiscal year; and (3) Appropriate moneys into and out of the automated victim information and notification system special fund. SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§352- Free voice communication services. (a) Each youth correctional facility shall provide individuals in its custody with accessible and functional voice communication services, which shall not be limited beyond program participation, routine facility procedures, or as necessary so that the use of voice communication services does not interfere with the facility's necessary operations. The office of youth services may supplement voice communication service with other communication services, including video communication and electronic mail or messaging services. Voice communication services and other communication services shall be provided free of charge to the person initiating and the person receiving the communication. The office of youth services shall maintain the same access to voice and other communication services as the office allowed on January 1, 2024, or improve upon that access. (b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person confined in a Hawaii youth correctional facility. (c) The office of youth services shall not use communications services described in this section as a substitute for in-person visitation." SECTION 3. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§353- Free voice communication services. (a) Each correctional facility operated or contracted by the department shall provide individuals in its custody with accessible and functional voice communication services, which shall not be limited beyond program participation, routine facility procedures, or as necessary so that the use of voice communication services does not interfere with the facility's necessary operations. The department shall supplement voice communication service with other communication services, including video communication and electronic mail or messaging services. Voice communication services and other communication services shall be provided free of charge to the person initiating and the person receiving the communication. The department shall maintain the same access to voice and other communication services as the department allowed on January 1, 2024, or improve upon that access. (b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person confined in a correctional facility operated or contracted by the department. (c) The department service shall not use communications services described in this section as a substitute for in-person visitation." SECTION 4. Section 353-136, Hawaii Revised Statutes, is amended to read as follows: "[[]§353-136[]] Automated victim information and notification system special fund; authorization of payment. (a) There is established a special fund to be known as the automated victim information and notification system special fund, to be administered by the department. [Interest] Moneys in the fund shall consist of general fund appropriations and interest and investment earnings credited to the assets of the fund [shall become part of the fund]. Any remaining balance in the fund at the end of any fiscal year shall be carried over to the next fiscal year[. (b) Any item purchased by an in-state or out-of-state inmate from a correctional facility commissary shall be subject to a four per cent surcharge on the item's price. The proceeds from the surcharge shall be deposited into the automated victim information and notification system special fund. (c) All proceeds or revenues that are derived from any commission that is realized pursuant to a telephone service agreement executed by the department for the provision of telephone services for inmates shall be deposited into the automated victim information and notification system special fund. (d)]; provided that the total amount of moneys in the fund shall not exceed $600,000 at the end of any fiscal year. (b) Moneys [received pursuant to subsections (b) and (c)] in the fund shall be used for the development and operating expenses, including salaries and benefits of positions as authorized by the legislature, of the system. [(e)] (c) The sum total of all moneys expended for development and operating expenses, including salaries and benefits of positions as authorized by the legislature, shall not exceed the [special fund ceiling related to the fund established by the legislature; provided that the total moneys expended for these purposes shall not exceed $600,000 in any one fiscal year.] general fund appropriations made by the legislature and interest and investment earnings credited to the fund. [(f)] (d) Federal funds shall not be transferred to, or deposited into, the automated victim information and notification system special fund." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the need provided for by this Act. SECTION 7. 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 2024-2025 for providing free voice communication services for individuals confined in Hawaii youth correctional facilities. The sum appropriated shall be expended by the office of youth services for the purposes of this Act. SECTION 8. 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 2024-2025 for providing free voice communication services for individuals confined in correctional facilities operated or contracted by the department of corrections and rehabilitation. The sum appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act. SECTION 9. 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 2024-2025 to be deposited into the automated victim information and notification system special fund. SECTION 10. There is appropriated out of the automated victim information and notification system special fund the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the development and operating expenses, including salaries and benefits of positions, of the automated victim information and notification system. The sum appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act. SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 12. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that the State should protect incarcerated persons and their loved ones from predatory commercial practices. Private corporations providing goods and services to state correctional facilities should not be allowed to charge exorbitant rates. Currently, the provision of jail and prison communication services is a lucrative industry dominated by a few corporations. The industry is constantly diversifying the array of communication services it provides, at great cost, to jails and prisons, including phone calls, video conferencing, electronic messages, and other communication services. Further, correctional facilities often also benefit financially from communication services contracts by receiving commissions, bonuses, and other financial incentives.
50	50
51	51	The legislature further finds that the high cost of jail and prison communication services is a significant economic drain for incarcerated persons and their families. The Ella Baker Center for Human Rights found that one in three families with an incarcerated loved one goes into debt to pay for communication services and visits. In Hawaii, these costs disproportionately impact Native Hawaiians, Pacific Islanders, and other people of color. According to the Ella Baker Center's research, eighty-seven per cent of those who go into debt for jail and prison communication services are women of color.
52	52
53	53	The legislature recognizes the importance of communication services for persons who are incarcerated. Maintaining family and community connections is key to successful reentry into life as a free citizen. Many incarcerated persons will reside with their families after release, and research has shown that incarcerated individuals who maintain ties with their support networks have higher success rates and lower recidivism rates. Regular communication between incarcerated persons and their families, therefore, benefits public safety.
54	54
55	55	The legislature also recognizes that many states and cities across the nation support the provision of free communication services to jails and prisons. In 2018, New York City began offering these services at no charge in its city jails. In 2021, Connecticut became the first state to offer free communication services in its state prison system. In 2022, California followed, and in 2023, Colorado, Minnesota, and Massachusetts did as well. There are now active campaigns to enact these policies statewide in Michigan, New York, Virginia, and several other states.
56	56
57	57	The legislature further recognizes the importance of the statewide automated victim information and notification system in providing critical information and notification for victims who deserve to be protected and feel safe in our communities. The legislature believes that the primary sources of funding for this system should be moneys from the general fund, and that moneys in the related special fund should be well-managed.
58	58
59	59	Accordingly, the purpose of this Act is to:
60	60
61	61	(1) Require and appropriate moneys for the provision of free voice communication services in the State's youth and adult correctional facilities;
62	62
63	63	(2) Provide that moneys in the automated victim information and notification system special fund shall:
64	64
65	65	(A) Consist of general fund appropriations and interest and investment earnings; and
66	66
67	67	(B) Not exceed $600,000 at the end of any fiscal year; and
68	68
69	69	(3) Appropriate moneys into and out of the automated victim information and notification system special fund.
70	70
71	71	SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
72	72
73	73	"§352- Free voice communication services. (a) Each youth correctional facility shall provide individuals in its custody with accessible and functional voice communication services, which shall not be limited beyond program participation, routine facility procedures, or as necessary so that the use of voice communication services does not interfere with the facility's necessary operations. The office of youth services may supplement voice communication service with other communication services, including video communication and electronic mail or messaging services. Voice communication services and other communication services shall be provided free of charge to the person initiating and the person receiving the communication. The office of youth services shall maintain the same access to voice and other communication services as the office allowed on January 1, 2024, or improve upon that access.
74	74
75	75	(b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person confined in a Hawaii youth correctional facility.
76	76
77	77	(c) The office of youth services shall not use communications services described in this section as a substitute for in-person visitation."
78	78
79	79	SECTION 3. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
80	80
81	81	"§353- Free voice communication services. (a) Each correctional facility operated or contracted by the department shall provide individuals in its custody with accessible and functional voice communication services, which shall not be limited beyond program participation, routine facility procedures, or as necessary so that the use of voice communication services does not interfere with the facility's necessary operations. The department shall supplement voice communication service with other communication services, including video communication and electronic mail or messaging services. Voice communication services and other communication services shall be provided free of charge to the person initiating and the person receiving the communication. The department shall maintain the same access to voice and other communication services as the department allowed on January 1, 2024, or improve upon that access.
82	82
83	83	(b) No state agency shall derive any form of revenue or financial benefit from the provision of voice communication services or any other communication services to a person confined in a correctional facility operated or contracted by the department.
84	84
85	85	(c) The department service shall not use communications services described in this section as a substitute for in-person visitation."
86	86
87	87	SECTION 4. Section 353-136, Hawaii Revised Statutes, is amended to read as follows:
88	88
89	89	"[[]§353-136[]] Automated victim information and notification system special fund; authorization of payment. (a) There is established a special fund to be known as the automated victim information and notification system special fund, to be administered by the department. [Interest] Moneys in the fund shall consist of general fund appropriations and interest and investment earnings credited to the assets of the fund [shall become part of the fund]. Any remaining balance in the fund at the end of any fiscal year shall be carried over to the next fiscal year[.
90	90
91	91	(b) Any item purchased by an in-state or out-of-state inmate from a correctional facility commissary shall be subject to a four per cent surcharge on the item's price. The proceeds from the surcharge shall be deposited into the automated victim information and notification system special fund.
92	92
93	93	(c) All proceeds or revenues that are derived from any commission that is realized pursuant to a telephone service agreement executed by the department for the provision of telephone services for inmates shall be deposited into the automated victim information and notification system special fund.
94	94
95	95	(d)]; provided that the total amount of moneys in the fund shall not exceed $600,000 at the end of any fiscal year.
96	96
97	97	(b) Moneys [received pursuant to subsections (b) and (c)] in the fund shall be used for the development and operating expenses, including salaries and benefits of positions as authorized by the legislature, of the system.
98	98
99	99	[(e)] (c) The sum total of all moneys expended for development and operating expenses, including salaries and benefits of positions as authorized by the legislature, shall not exceed the [special fund ceiling related to the fund established by the legislature; provided that the total moneys expended for these purposes shall not exceed $600,000 in any one fiscal year.] general fund appropriations made by the legislature and interest and investment earnings credited to the fund.
100	100
101	101	[(f)] (d) Federal funds shall not be transferred to, or deposited into, the automated victim information and notification system special fund."
102	102
103	103	SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
104	104
105	105	SECTION 6. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the need provided for by this Act.
106	106
107	107	SECTION 7. 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 2024-2025 for providing free voice communication services for individuals confined in Hawaii youth correctional facilities.
108	108
109	109	The sum appropriated shall be expended by the office of youth services for the purposes of this Act.
110	110
111	111	SECTION 8. 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 2024-2025 for providing free voice communication services for individuals confined in correctional facilities operated or contracted by the department of corrections and rehabilitation.
112	112
113	113	The sum appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.
114	114
115	115	SECTION 9. 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 2024-2025 to be deposited into the automated victim information and notification system special fund.
116	116
117	117	SECTION 10. There is appropriated out of the automated victim information and notification system special fund the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the development and operating expenses, including salaries and benefits of positions, of the automated victim information and notification system.
118	118
119	119	The sum appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.
120	120
121	121	SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
122	122
123	123	SECTION 12. This Act shall take effect on July 1, 2024.
124	124
125	125
126	126
127	127	INTRODUCED BY: _____________________________
128	128
129	129	INTRODUCED BY:
130	130
131	131	_____________________________
132	132
133	133
134	134
135	135
136	136
137	137	Report Title: Corrections; Confined Youth; Voice Communications; Victim Notification; Appropriations; Expenditure Ceiling Exceeded Description: Requires and appropriate moneys for the provision of free voice communication services in the State's youth and adult correctional facilities. Amends sources of funding for and imposes a limit on moneys retained in the victim information and notification system special fund. Appropriates moneys into and out of the automated victim information and notification system special fund. Declares that the appropriations exceed the state general fund expenditure ceiling for fiscal year 2024-2025. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
138	138
139	139
140	140
141	141
142	142
143	143	Report Title:
144	144
145	145	Corrections; Confined Youth; Voice Communications; Victim Notification; Appropriations; Expenditure Ceiling Exceeded
146	146
147	147
148	148
149	149	Description:
150	150
151	151	Requires and appropriate moneys for the provision of free voice communication services in the State's youth and adult correctional facilities. Amends sources of funding for and imposes a limit on moneys retained in the victim information and notification system special fund. Appropriates moneys into and out of the automated victim information and notification system special fund. Declares that the appropriations exceed the state general fund expenditure ceiling for fiscal year 2024-2025.
152	152
153	153
154	154
155	155
156	156
157	157
158	158
159	159	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.