Report Title:

Hawaii Paroling Authority

Description:

Increases the level of service of members of the Hawaii Paroling Authority from part-time to full-time. Appropriates funds for additional compensation, office equipment, and other related expenses. (HB2561 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2561

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE HAWAII PAROLING AUTHORITY.

 

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

SECTION 1. The legislature finds that the Hawaii paroling authority (authority) plays a vital role in our criminal justice system. It determines minimum terms of incarceration for all convicted felons sentenced to prison except life without parole, grants parole when it determines that an inmate is ready for release into the community, establishes terms and conditions of parole for each offender granted parole, oversees parole officers who monitor and supervise parolees, grants discharges from parole, and makes recommendations for pardons and commutation of sentences.

The authority was created in 1976 with one full-time member and two part-time members. In the past twenty-five years, its workload has increased seven-fold from the rise in incarceration rates. However, the authority continues to be composed of one full-time and two part-time members. Because it is essentially a part-time body, the authority finds proper deliberation very difficult when reviewing cases and making decisions that are vital to public safety. Further, the authority's expanding workload negatively impacts its ability to adequately ensure that the terms and conditions of parole are properly enforced.

The purpose of this Act is to improve the role of the authority in our criminal justice system by:

(1) Changing the two part-time member positions of the Hawaii paroling authority to full-time member positions;

(2) Providing funds for the additional compensation, office equipment, and other related expenses;

(3) Requiring the position of chairperson to rotate every two years among the members; and

(4) Precluding members from engaging in outside employment.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Private employment or practice prohibited. No full-time member of the Hawaii paroling authority may, during the member's term of appointment, engage in other gainful occupation employment or the private practice of any profession."

SECTION 3. Section 353-61, Hawaii Revised Statutes, is amended to read as follows:

"§353-61 Hawaii paroling authority; appointment; tenure; qualifications. Members of the paroling authority shall be nominated by a panel composed of the chief justice of the Hawaii supreme court, the director, the president of the Hawaii correctional association, the president of the bar association of Hawaii, the head of the Hawaii council of churches, a member from the general public to be appointed by the governor and the president of the Hawaii chapter of the national association of social workers. The panel shall submit to the governor the names of not less than three persons, designated as the nominees, [for chairperson or as a member,] for each vacancy. The governor shall appoint, in the manner prescribed by section 26-34, a paroling authority to be known as the Hawaii paroling authority, to consist of three members one of whom shall be designated chairperson[.]; provided that no member shall serve as chairperson more than two consecutive years. Of the members first appointed after May 13, 1976, the member designated as chairperson shall be appointed for a term of four years, one member shall be appointed for a term of three years, and one member shall be appointed for a term of two years; thereafter all appointments shall be made for terms of four years, commencing from the date of expiration of the last preceding term. Any vacancy in an unexpired term shall be filled by appointment for the remainder of the unexpired term. Nominees to the authority shall be selected on the basis of their qualifications to make decisions that will be compatible with the welfare of the community and of individual offenders, including their background and ability for appraisal of offenders and the circumstances under which offenses were committed."

SECTION 4. Section 353-63, Hawaii Revised Statutes, is amended to read as follows:

"§353-63 Service of Hawaii paroling authority members; compensation; expenses. The chairperson and members of the Hawaii paroling authority shall serve on a full-time basis. [The other two members shall serve on a part-time basis.] Effective July 1, 1994, the chairperson of the Hawaii paroling authority shall be paid a salary set by the governor within the range of $72,886 to $77,966, a year. [The compensation of each of the part-time members shall be eighty per cent of the hourly wage paid the chairperson. For each hour engaged in the official duties of the authority, each part-time member of the authority shall be paid an hourly wage at the percentage rate specified in this section based on the hourly wage paid the chairperson; provided that compensation shall not exceed eighty per cent of the total regular working hours in a month; and provided further that part-time members shall not be entitled to any vacation, sick leave, or other benefits except as provided in this section. All paroling authority members shall receive their necessary expenses for travel and incidentals which shall be paid from appropriations provided the authority for such purposes, on vouchers approved by the director of public safety.] Effective July 2, 2002, the other two members shall be paid a salary set by the governor within the range of $65,597 to $70,169, a year. "

SECTION 5. The legislative auditor shall conduct a study to provide an assessment of the effectiveness of a full-time paroling authority compared to part-time and shall report its findings and recommendations to the legislature no later than twenty days before the convening of the regular session of 2005.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $79,872, or so much thereof as may be necessary for fiscal year 2002-2003, for additional compensation, office equipment, and other related expenses for the Hawaii paroling authority.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 7. Any persons who were appointed as part-time members by the governor in accordance with sections 26-34 and 353-61, Hawaii Revised Statutes, and who serve as part-time members on the day immediately preceding the effective date of this Act shall become full-time members of the paroling authority on the effective date of this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2002, and shall be repealed on June 30, 2005; provided that sections 353-61 and 353-63, Hawaii Revised Statutes, are reenacted in the form in which they read on June 30, 2002.