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