§353C-8 Sexual assaults in prison. (a) The department of public safety, to the best of the department's ability, shall address sexual assault in prison and make every effort to seek grant moneys from the federal government to implement those efforts. The department shall place priority upon establishing:
(1) Appropriate counseling services for sexual assault, to be made available to victims of prison rape within twenty-four hours of the report of an assault; and
(2) Policies and standards of transparency to achieve a zero-tolerance policy for sexual assault.
(b) The department of public safety, no later than twenty days prior to the convening of each regular session, shall annually report data to the legislature regarding:
(1) Sexual assault by persons in custody against other persons in custody of the department of public safety;
(2) Sexual assault by correctional staff against persons in custody of the department of public safety;
(3) Non-criminal sexual misconduct by staff, including sexual harassment of persons in custody of the department of public safety;
(4) Criminal cases initiated, and closed by dismissal, plea, or verdict, for sexual assaults by or upon a person in custody of the department of public safety; and
(5) Civil claims filed and closed by dismissal, settlement, or verdict for sexual assaults by or upon a person in custody of the department of public safety.
(c) The department of public safety shall preserve any forensic evidence consisting of human biological specimens for collection by the relevant criminal investigation entity or coroner, if there is any indication of sexual assault leading to the death of any:
(1) Correctional facility or community correctional center employee who dies on the grounds of a correctional facility or community correctional center where Hawaii inmates reside or who sustains an injury on the grounds of a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; and
(2) Hawaii inmate who is incarcerated in a state or contracted correctional facility. [L 2010, c 194, §§2, 3; am L 2019, c 234, §2]
Revision Note
L 2010, c 194, §§2, 3 were codified to this section pursuant to §23G-15.
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