§353-40 Correctional facility and community correctional center deaths; reporting.

360 words·~2 min read·/hi/chapter-353/353-40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Within forty-eight hours, the director shall report to the governor, and the governor shall report to the legislature, the death of any:

(1)Correctional facility or community correctional center employee who:

(A)Dies on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside; or

(B)Sustains an injury on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; or

(2)Hawaii inmate who is incarcerated by or under the care and custody of:

(A)A state or contracted correctional facility; or

(B)An agent of a state or contracted correctional facility.

Within seven days of the director's submission of the report to the governor, the department shall post a copy of the report on its public website.

(b)The report in subsection

(a)shall include the following information:

(1)The name of the decedent;

(2)The gender and age of the decedent;

(3)Whether the decedent was an inmate or an employee;

(4)The location of the death or injury leading to the death;

(5)The date and time of the death;

(6)The cause of death; and

(7)Any indication of sexual assault leading to the death.

(c)When the official cause of death has been determined, the director shall submit a report to the governor, and the governor shall submit the report to the legislature that shall include the following information:

(1)The clinical mortality review conducted in response to the death, including correctional actions to be taken;

(2)The official cause of death; and

(3)Any indication of sexual assault leading to the death.

(d)The information specified in subsection (c)(2) and

(3)shall be open to public inspection, unless:

(1)Any federal or state law protects the information from disclosure; provided that the report shall cite the applicable federal or state law; or

(2)The disclosure of the information would materially impair an ongoing criminal investigation. [L 2022, c 278, pt of §18; am L 2023, c 22, §1]