Section 353-40 - Correctional facility and community correctional center deaths; reporting(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.Amended by L 2023, c 22,§ 1, eff. 4/19/2023.Added by L 2022, c 278,§ 18, eff. 1/1/2024.