reglab/housing_qa huggingface dataset:
HI Rev Stat § 353-13.2 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-13.2 REPEALED. L 1998, c 194, §10.

 §353-13.2 REPEALED. L 1998, c 194, §10.
HI Rev Stat § 353-13.3 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-13.3 Mental health care. The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]

  §353-13.3 Mental health care. The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]
HI Rev Stat § 353-13.4 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-13.4 Substance abuse testing of inmates.

  §353-13.4 Substance abuse testing of inmates. (a) When an inmate under the custody of the department of public safety is subjected to substance abuse testing, the inmate shall be afforded the option of a confirmatory test by a licensed, certified laboratory as provided in chapter 329B. The cost of a confirmatory test shall be paid for by the State; provided that in those instances where a positive test result is confirmed, the inmate shall be charged with the cost of the confirmatory test.  (b) All specimens shall be sealed and coded in the presence of the inmate and the inmate shall sign an approved form acknowledging that the specimen has been sealed and coded in the inmate's presence. The director of the department of public safety shall establish a chain-of-custody procedure that includes a tracking form documenting the handling and storage of the specimen from collection to final disposition of the specimen.  (c) Positive test results of substance abuse testing and the availability of a confirmatory test shall be provided to the inmate in writing.  (d) A positive test result from a substance abuse test that fails to meet the requirements of this section shall not be reported or recorded. [L 1992, c 201, §1]
HI Rev Stat § 353-13.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-13.5 Election of private medical or psychological care by prisoners.

  §353-13.5 Election of private medical or psychological care by prisoners. The director shall permit prisoners to retain any private licensed medical doctor or psychologist for their own care at the correctional facility in addition to such care as may be provided by the department; provided that any fees or other costs charged by a private medical doctor or psychologist for such care shall be the sole responsibility of the prisoner and that such care shall not put the correctional facility to any hazard and that such care shall conform to the department's rules and established practices including any requirements concerning advance notice of visits with the prisoner. Medical doctors or psychologists who provide such care shall provide timely reports to the department as to the physical or psychological progress of the prisoner. If the private care is discontinued, the department shall be notified immediately by the private medical doctor or psychologist. In no event shall the department or the State incur any civil liability whatsoever as a result of any private medical or psychological care administered under this section. [L 1987, c 128, §1]
HI Rev Stat § 353-13.6 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-13.6 Involuntary medical treatment criteria. (a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that: (1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others; (2) Treatment with medication is medically appropriate; and (3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee. (b) For the purposes of this section: "Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility. "Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided. [L 2011, c 72, pt of §2; am L 2016, c 35, §1]

 §353-13.6 Involuntary medical treatment criteria. (a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that:  (1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others;  (2) Treatment with medication is medically appropriate; and  (3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee.  (b) For the purposes of this section:  "Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility.  "Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided. [L 2011, c 72, pt of §2; am L 2016, c 35, §1]
HI Rev Stat § 353-13.7 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-13.7 Initiation of proceeding for involuntary medical treatment.

  §353-13.7 Initiation of proceeding for involuntary medical treatment. (a) The director, or the director's designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the department meets the criteria for involuntary medical treatment under section 353-13.6. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public and shall be filed in the circuit court of the circuit wherein the person who is the subject of the petition is in custody. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition may be accompanied by an affidavit or declaration of the licensed physician or psychologist who has examined the person within five days prior to submission of the petition, unless the person whose treatment is sought has refused to submit to a medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The affidavit or declaration shall set forth the signs and symptoms relied upon by the physician or psychologist to determine whether the person is in need of treatment, whether the person is capable of realizing and making a rational decision with respect to the person's need for treatment, and the recommended treatment. If the petitioner believes that further evaluation is necessary before treatment, the petitioner may request such further evaluation.  (b) If the person has been given an examination, evaluation, or treatment in a psychiatric facility or by the department within five days before the filing of the petition, and treatment is recommended by the staff of the facility or the department, the petition may be accompanied by an affidavit or declaration of the department's medical director or the mental health administrator in lieu of a physician's or psychologist's affidavit or declaration. [L 2011, c 72, pt of §2; am L 2016, c 35, §2]
HI Rev Stat § 353-13.8 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment.

  §353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment. (a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, on either the person's legal guardian or emergency contact listed while in the custody of the department, if such person can be located and served. Notice of the hearing shall also be served on the public defender, person's attorney, or other court-appointed attorney, as the case may be. If the person who is the subject of the petition is a minor, notice of the hearing shall also be served upon the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition if that person can be found within the State. Notice shall also be given to the other persons as the court may designate.  (b) The notice required by subsection (a) shall include:  (1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and of possible consequences to the person who is the subject of the petition, and a statement of the legal standard upon which treatment is authorized;  (2) A copy of the petition;  (3) Written notice, in plain and simple language, that the person may waive the hearing by voluntarily agreeing to the care or treatment proposed;  (4) A completed form indicating the waiver described in paragraph (3) if the person waived the hearing;  (5) Written notice, in plain and simple language, that the person or the person's guardian or representative may apply at any time for a hearing on the issue of the person's need for care or treatment if the person has previously waived a hearing;  (6) Notice that the person is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;  (7) Notice that if the person does not want to be represented by the public defender, the person may contact the person's own attorney; and  (8) Notice, if applicable, that the petitioner intends to present evidence to show that the person is an incapacitated or protected person, or both, under article V of chapter 560, and whether the appointment of a guardian is sought at the hearing. If appointment of a guardian is to be recommended, and a nominee is known at the time the petition is filed, the identity of the nominee shall be disclosed.  (c) If the person who is the subject of the petition executes and files a waiver of the hearing, then upon acceptance by the court following a court determination that the person understands the person's rights and is competent to waive them, the court shall order the person to be given the care or treatment as the court deems to be proper under the circumstance. [L 2011, c 72, pt of §2; am L 2016, c 35, §3]
HI Rev Stat § 353-14 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-14 Cash furnished discharged committed person, when.

  §353-14 Cash furnished discharged committed person, when. (a) Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person may be furnished by the Hawaii paroling authority, in its discretion, with funds of not more than $200, to meet the committed person's immediate needs; provided that legislative appropriations for this specific purpose have been authorized and allocated to the authority. The expenditures made by the Hawaii paroling authority shall be included among the accounts for cost and maintenance of committed persons.  (b) The Hawaii paroling authority shall not use any moneys appropriated pursuant to subsection (a) for any purpose other than to meet a committed person's immediate needs. [L 1987, c 338, pt of §3; am L 1997, c 174, §1; am L 2018, c 79, §1] Case Notes  Denial of "gate money" where parole board determined that plaintiffs had no immediate needs satisfied rational basis test; thus, there was no equal protection violation. 940 F. Supp. 1523 (1996).  Section (1987) provided Hawaii paroling authority board [sic] with complete discretion to assess inmates' needs and to award "gate money" as necessary in light of those needs; thus, no protected property interest existed. The right to "gate money" not so fundamental as to warrant constitutional protection apart from its status under state law. 940 F. Supp. 1523 (1996).  Where plaintiffs argued that State waived its Eleventh Amendment immunity through the enactment of this section and State's Tort Claims Act [sic], § §662-2 and 663-1, no express consent or applicable waiver provisions found. 940 F. Supp. 1523 (1996).
HI Rev Stat § 353-15 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-15 Transfer of committed persons affected with communicable disease.

 §353-15 Transfer of committed persons affected with communicable disease. Upon written recommendation of the director of health that a committed person determined to have a communicable disease be removed to any hospital, settlement, or place for care and treatment of the communicable disease as designated by the director of health for such specialized care and treatment, the director of public safety may direct any official having custody of any committed person convicted of a felony and incarcerated in a state correctional facility to cause the committed person to be removed to such a place as designated by the director of health, until discharged under chapter 325 or 326 or until the maximum sentence has been served. Any such committed person who may be discharged before the maximum term of imprisonment shall be returned to the state correctional facility from which the committed person was removed. Any such person who has served the maximum sentence before the committed person is discharged under chapter 325 or 326 shall remain in the custody of the director of health until lawfully discharged or removed by direction or permission. Supervision, care, and treatment of the committed person transferred to any hospital, settlement, or place for the care and treatment of the communicable disease shall be governed by the rules, policies, and procedures of the department of health. [L 1987, c 338, pt of §3; am L 1989, c 211, §8]
HI Rev Stat § 353-16 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-16 Transfer of committed felon to federal institution.

 §353-16 Transfer of committed felon to federal institution. The director may effect the transfer of a committed felon to any federal correctional institution for imprisonment, subsistence, care, and proper employment of such a felon. [L 1987, c 338, pt of §3; am L 1992, c 267, §2] Cross References  Interstate compact for the supervision of adult offenders, see chapter 353B.  Interstate corrections compact, see chapter 355D.
HI Rev Stat § 353-16.2 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-16.2 Transfer of inmates to out-of-state institutions.

 §353-16.2 Transfer of inmates to out-of-state institutions. (a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; and provided further that the transfer is either:  (1) In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or  (2) In the interest of the inmate.  (b) Terms and conditions of the transfer and any reimbursement for expenses shall be agreed upon between the department and the out-of-state correctional institution prior to transfer. [L 1989, c 42, §1; am L 1992, c 267, §3; am L 1994, c 208, §2; am L 1995, c 170, §4; am L 1996, c 217, §1] Cross References  Interstate compact for the supervision of adult offenders, see chapter 353B.  Interstate corrections compact, see chapter 355D.
HI Rev Stat § 353-16.3 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-16.3 Development of out-of-state Hawaii correctional facilities.

 §353-16.3 Development of out-of-state Hawaii correctional facilities. Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with any appropriate out-of-state jurisdiction for the development of Hawaii correctional facilities to reduce prison overcrowding; provided that any agreement negotiated pursuant to this section shall be subject to legislative approval by concurrent resolution in any regular or special session. [L 1992, c 267, §1; am L 1995, c 170, §5]
HI Rev Stat § 353-16.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-16.5 Transfer of offenders under treaty; authority of governor.

 §353-16.5 Transfer of offenders under treaty; authority of governor. (a) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the State and subject to the terms of the treaty, authorize the director of public safety to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this State in the treaty.  (b) The transfer shall occur only if the receiving foreign country is on an approved list published by Amnesty International concerning that country's treatment of prisoners at the time of transfer. If the receiving country is not on an approved list as noted, the prisoner must consent to the prisoner's transfer to the receiving foreign country. [L 1987, c 53, §1 and c 338, §10; am L 1989, c 211, §8; gen ch 1992]
HI Rev Stat § 353-16.35 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-16.35 Development or expansion of in-state correctional facilities.

  §353-16.35 Development or expansion of in-state correctional facilities. (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of private in-state correctional facilities or public in-state turnkey correctional facilities to reduce prison overcrowding; provided that if an environmental assessment or environmental impact statement is required for a proposed site or for the expansion of an existing correctional facility under section 343-5, then notwithstanding the time periods specified for public review and comments under section 343-5, the governor shall accept public comments for a period of sixty days following public notification of either an environmental assessment or an environmental impact statement.  (b) Any development or expansion proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:  (1) The percentage of low, medium, and high security inmates and the number of prison beds needed to incarcerate each of the foregoing classes of inmates;  (2) The facility's impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;  (3) The facility's impact on available modes of transportation, including airports, roads, and highways; and  (4) A useful life costs analysis.  (c) For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation. [L 1998, c 227, pt of §5; am L 2003, c 221, §1]
HI Rev Stat § 353-16.36 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-16.36 Contracts for construction of correctional facilities by private entities.

  §353-16.36 Contracts for construction of correctional facilities by private entities. The governor may enter into and execute contracts in the name of the State with any private entity to construct and then lease or purchase correctional facilities on public or private lands for the benefit of the State. [L 1998, c 227, pt of §5]
HI Rev Stat § 353-16.37 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|353. Corrections|353-16.37 Community partnering.

  §353-16.37 Community partnering. Regardless of the method for funding new prison facilities, the department of public safety shall develop and implement a community partnering process to be incorporated into the request for proposal; this partnering process shall include a community hearing for the purpose of soliciting community input. Further, a community benefit and enhancement package shall be developed by the department and the affected community to mitigate the negative aspects of building a correctional facility in the community. The benefit and enhancement package may include but is not limited to:  (1) Infrastructure improvements;  (2) Job training programs or improvements to schools and health care facilities;  (3) Social programs; and  (4) Other government functions. [L 1998, c 227, pt of §5; am L 1999, c 134, §4]