HRS §353-40
Reporting deaths at prisons and community correctional centers
This section requires the state to report deaths of prison employees and Hawaii inmates to the governor and legislature, and to post the report online. The report must list basic facts about the death. Later, the official cause of death and any sexual assault findings must be made public unless the law or an ongoing investigation keeps them secret.
everyone
The statute, as written — 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.
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