REPORT TITLE:
Repeat Sexual Off.; Penalty


DESCRIPTION:
Requires life imprisonment without possibility of parole for
repeat felon sexual offender.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           583
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SEXUAL OFFENDERS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that studies show that
 
 2 only one in one hundred first time sexual offenders that go
 
 3 through treatment will re-offend; however, one in three repeat
 
 4 sexual offenders will re-offend even after treatment.  Re-
 
 5 offenses usually occur three and one-half years after release
 
 6 from prison, primarily because there is insufficient monitoring
 
 7 of the sexual offender once parole is completed.  Hawaii
 
 8 currently has five hundred eighty-eight convicted sexual
 
 9 offenders in prison, three hundred fourteen of which are in
 
10 Hawaii's prisons.  There are an estimated thirty-nine sexual
 
11 offenders scheduled to be released in Hawaii within the next two
 
12 years who show no hope for rehabilitation, as evidenced either
 
13 through non-compliance of sexual offender treatment program or
 
14 continual offenses regardless of treatment.  The legislature
 
15 recognizes that there are some sexual offenders who cannot be
 
16 rehabilitated and who will continue to commit sexual offenses as
 
17 long as they are free in the community.  The legislature finds
 
18 that several states, i.e., California, New Jersey, New Mexico,
 
19 have enacted legislation to require mandatory life imprisonment
 

 
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 1 of repeat felon sexual offenders.
 
 2      Accordingly, the purpose of this Act is to protect the
 
 3 safety of the public by requiring life imprisonment without the
 
 4 possibility of parole for third time repeat felon sexual
 
 5 offenders.
 
 6      SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to be appropriately designated and to
 
 8 read as follows:
 
 9      "�706-    Repeat sexual offender; enhanced sentence.
 
10 Notwithstanding any other provision of law to the contrary, any
 
11 person who is convicted of an offense under section 707-730,
 
12 707-731, 707-732, or 707-733.5, after having been twice
 
13 previously convicted of an offense under section 707-730,
 
14 707-731, 707-732, or 707-733.5 or of an offense under federal law
 
15 or the laws of another state that is comparable to an offense
 
16 under section 707-730, 707-731, 707-732, or 707-733.5, shall be
 
17 sentenced to life imprisonment without possibility of parole.
 
18      As part of such sentence, the court shall order the director
 
19 of public safety and the Hawaii paroling authority to prepare an
 
20 application for the governor to commute the sentence to life
 
21 imprisonment with parole at the end of twenty years of
 
22 imprisonment; provided that persons who are repeat offenders
 
23 under section 706-606.5 shall serve at least the applicable
 

 
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                                     S.B. NO.           583
                                                        
                                                        

 
 1 mandatory minimum term of imprisonment."
 
 2      SECTION 3.  This Act shall apply to any person convicted of
 
 3 any offense under section 707-730, 707-731, 707-732, or 707-733.5
 
 4 after the effective date of this Act.
 
 5      SECTION 4.  New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________