Bills seek to establish correctional facility in West Hawaii

KAHALOA
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Two bills being heard in State House Committees call for a correctional facility to be built in West Hawaii.

HB 2724, co-introduced by House District 6 Rep. Kirstin Kahaloa, seeks to create the “Kona Community Development District” on state lands at Honokohau Harbor and along Kealakehe Parkway. The district would be created to plan, develop and maintain public land within the district.

“All revenue collected, along with aid from the federal government for any planning, design, development, construction, and maintenance work that the authority is authorized to undertake pursuant to this part with funds being deposited into a special fund account,” the bill reads.

The bill also seeks to add two members from Kona to the Hawaii Community Development Authority, a state agency created to plan for the future development of underutilized urban areas of Hawaii.

With the creation of a Kona Community Development District and the addition of Kona Representatives to HCDA, the bill finally calls for the authority to work with the Department of Corrections to apply for grants and loans from the United States Department of Agriculture’s Community Facilities Direct Loan and Grant Program to fund the development of a correctional facility or community correctional center within the Kona development district.

In written testimony to the Committee on Water and Land, HCDA Executive Director Craig Nakamoto provided support for the bill.

“The Hawaii Community Development Authority (HCDA) supports this bill which establishes the Kona Community Development District to allow for planning, development, and maintenance of public lands in Kona, and work with the Department of Corrections and Rehabilitation to pursue grants and loans to fund the development of a correctional facility or community correctional center within the district. If this bill becomes law, we look forward to working with the bill’s supporters to on pursuing federal government loans, and further understand their vision for the new community development district,” his testimony reads.

The committee voted unanimously to pass the bill. The next stop will be the Committee on Judiciary and Hawaiian Affairs, with a hearing date not yet set.

Another bill looks at establishing a statewide Correctional Facilities Authority.

HB 2725 would create the authority to be responsible for all public corrections development, planning and construction of capital improvement projects. The bill would require the Department of Land and Natural Resources to transfer state owned land in Kona to the new authority in order to build a new facility on land located on the south side of Kealakehe Parkway.

The measure would also require Department of Agriculture’s Community Facilities Direct Loan and Grant Program funding be pursued.

In written testimony to the Committee on Corrections, Military and Veterans, DLNR Chair Dawn Chang pointed out the fact that most of the land proposed in the bill has already been set aside by executive order to the County of Hawaii, the Hawaii Housing and Finance Development Corporation, or contractually committed to the Department of Hawaiian Home Lands.

Agencies holding an executive order for public lands cannot convey title to the land to another state agency. Only the Board of Land and Natural Resources can convey title, and only after a decision to do so is taken at a public meeting.

She did however say that if the bill moved forward the new authority could submit a request to the governor to withdraw the set-aside designation and re-set-aside the land.

Department of Corrections and Rehabilitation Director Tommy Johnson opposes the bill.

“House Bill 2725 is a bill looking for a problem that does not exist, needlessly expands governments by creating another separate agency, creates a new special fund, and adds additional bureaucratic layers to corrections and the procurement process. If enacted, this measure will effectively circumvent the authority vested with the Directors of the DCR and Budget and Finance, and the State Comptroller,” he said in written testimony.

In oral testimony at Wednesday’s hearing Johnson said the current process in place works.

“I don’t see the need for what is proposed in this measure. It is very problematic statute wise,” he said.

Johnson indicated his department already has a site in mind for a correctional facility in Kona, but would not divulge the location.

Because of the comments and concerns brought up at the meeting, the committee decided to defer the measure until they next meet on Feb. 7.