HOUSE OF REPRESENTATIVES

H.B. NO.

2602

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CREDIT FOR TIME OF DETENTION PRIOR TO SENTENCE.

 

 

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

 


     SECTION 1.  Section 706-671, Hawaii Revised Statutes, is amended by adding a new subsection to read as follows:

     "§706-671  Credit for time of detention prior to sentence; credit for imprisonment under earlier sentence for same crime.  (1)  When a defendant who is sentenced to imprisonment has previously been detained in any State or local correctional or other institution following the defendant's arrest for the crime for which sentence is imposed, such period of detention following the defendant's arrest shall be deducted from the minimum and maximum terms of such sentence.  The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the length of such detention of the defendant prior to sentence in any State or local correctional or other institution, and the certificate shall be annexed to the official records of the defendant's commitment.

     (2)  When a judgment of conviction or a sentence is vacated and a new sentence is thereafter imposed upon the defendant for the same crime, the period of detention and imprisonment theretofore served shall be deducted from the minimum and maximum terms of the new sentence.  The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the period of imprisonment served under the original sentence, and the certificate shall be annexed to the official records of the defendant's new commitment.

     (3)  Notwithstanding any other law to the contrary, when a defendant is convicted for a crime committed while serving a sentence of imprisonment on a separate unrelated felony offense, defendant shall receive no credit for time served on the subsequent crime for any period being served on the original term of imprisonment."

     SECTION 2.  This Act shall not apply to crimes committed prior to the effective date of this Act.

     SECTION 3.  New statutory material is underscored.

     SECTIOM 4.  This Act shall take effect on July 1, 2012.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Penal Code; Sentencing; Credit for Time of Detention Prior to Sentence

 

Description:

Clarifies circumstances under which defendants may earn pretrial credit for time of detention when already serving a sentence for an unrelated offense.

 

 

 

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