THE SENATE

S.B. NO.

565

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO escape from WORK FURLOUGH.

 

 

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

 


     SECTION 1.  The legislature finds that inmates who participate in work furlough programs benefit greatly from the reorientation and work experience outside of confinement.  Work furlough programs offer employment, job readiness, and vocational programming which are necessary for inmate rehabilitation.  Often inmates in a work furlough program are nearing completion of their minimum terms of imprisonment.  Participating inmates are rigorously screened by the department of public safety to ensure that the inmate does not pose a danger to the community and can live in the community as a contributing citizen.  The work furlough program of the department of public safety is one of the department's most successful rehabilitation tools.

     The legislature further finds that a few participating inmates may become overwhelmed by the temptation to escape from a work furlough program.  Inmates who succumb to that temptation of finding freedom may be charged with the offense of escape in the second degree, a class C felony that carries a five-year possible sentence.  The legislature further finds that inmates who escape from work furlough typically do so in a lapse of judgment.

     The purpose of this Act is to limit the additional time for which an inmate may be sentenced to serve after escaping from a work furlough program at a conditional release center and without committing a new crime before voluntarily returning or being apprehended.

     SECTION 2.  Section 706-660, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  A person who has been convicted of a class B or class C felony for any offense under part IV of chapter 712 may be sentenced to an indeterminate term of imprisonment; provided that this subsection shall not apply to sentences imposed under sections 706-606.5, 706-660.1, 712-1240.5, 712-1240.8 as that section was in effect prior to July 1, 2016, 712-1242, 712-1245, 712-1249.5, 712‑1249.6, 712-1249.7, and 712-1257.

     When ordering a sentence under this subsection, the court shall impose a term of imprisonment, which shall be as follows:

     (a)  For a class B felony--ten years or less, but not less than five years; and

     (b)  For a class C felony--five years or less, but not less than one year[.]; provided that a person who is convicted of escape under section 710-1021(3) shall be sentenced in accordance with that paragraph.

The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."

     SECTION 3.  Section 706-669, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  When a person has been sentenced to an indeterminate or an extended term of imprisonment, the Hawaii paroling authority shall, as soon as practicable but no later than six months after commitment to the custody of the director of the department of public safety hold a hearing, and on the basis of the hearing make an order fixing the minimum term of imprisonment to be served before the prisoner shall become eligible for parole[.]; provided that the minimum term of imprisonment for an escape while participating in a work furlough program shall be fixed by the court pursuant to sentencing under section 710-1021(3)."

     SECTION 4.  Section 710-1021, Hawaii Revised Statutes, is amended to read as follows:

     "§710-1021  Escape in the second degree.  (1)  A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.

     (2)  Escape in the second degree is a class C felony.

     (3)  Notwithstanding subsection (2), a person who escapes from a work furlough program shall serve the following minimum sentence as fixed by the court for the escape in addition to any other sentence the person was serving at the time of the escape, if no new offense was committed by that person while on escape:

    (a)   For an escape committed by a person who voluntarily returns to the department of public safety's custody within thirty days of the escape, the sentence under this section shall be for eighteen months or less; and

    (b)   For an escape committed by a person who does not voluntarily return to the department of public safety's custody within thirty days of the escape and is re-apprehended, the sentence under this section shall be for thirty months or less.

For purposes of this subsection, failure of a person to pass a test or drug test, as defined in section 353G-2, shall not constitute a new offense that makes the person ineligible for the minimum sentence limits of this subsection."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Escape; Conditional Release; Work Furlough

 

Description:

Limits the additional time that an inmate may be sentenced to serve after escaping from a work furlough program and without committing a new crime before voluntarily returning or being apprehended.

 

 

 

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