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Haw. Rev. Stat. § 353-40

Correctional facility and community correctional center deaths; reporting

L 2022, c 278, pt of §18; am L 2023, c 22, §1

(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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.