REPORT TITLE:
Sentencing; Presentence Credit


DESCRIPTION:
Clarifies the method by which presentence credit for detention is
applied to calculate consecutive terms of imprisonment by
requiring that all applicable terms of imprisonment first be
aggregated before credit for pretrial detention is deducted, and
that a single period of pretrial detention only be credited once.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2636
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SENTENCING.



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

 1      SECTION 1.  The purpose of this Act is to clarify the method
 
 2 by which presentence credit for detention is applied to calculate
 
 3 consecutive terms of imprisonment.  The current law does not
 
 4 specifically provide for calculation for presentence credit as
 
 5 applied to a consecutive sentence.  Without statutory guidance,
 
 6 the present practice for calculating presentence credit for
 
 7 detention deducts the presentence credit from the sentence for
 
 8 each offense before the sentences are aggregated rather than
 
 9 first aggregating the terms of imprisonment for each offense and
 
10 then deducting the period of presentence detention.
 
11      For example, if a defendant who has served one year of
 
12 presentence detention is convicted of both class B and C
 
13 felonies, and the sentences are to run consecutively, the current
 
14 practice is to calculate the defendant's maximum term by
 
15 subtracting the one year credit from the ten-year maximum term
 
16 for the class B felony for a subtotal of a nine-year maximum
 
17 term.  Then the one year credit is subtracted from the five-year
 
18 maximum term for a class C felony for a subtotal of a four-year
 
19 maximum term.  Finally, the nine-year and four-year subtotal are
 

 
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 1 aggregated to provide an aggregate term of thirteen years for
 
 2 maximum term for this particular defendant.  The minimum sentence
 
 3 that must be served is similarly calculated.  Likewise,
 
 4 determinate consecutive sentences involving terms of imprisonment
 
 5 for misdemeanors and petty misdemeanors are comparably
 
 6 calculated.
 
 7      However, this method permits multiple credits for the single
 
 8 period of pretrial detention and results in disparities between
 
 9 those defendants serving consecutive terms who were not detained
 
10 prior to sentence and those defendants serving consecutive terms
 
11 who were detained prior to trial.  In addition, the current
 
12 method of calculation which permits multiple credit for a single
 
13 period of pretrial detention conflicts with the legislative
 
14 purpose behind consecutive sentencing, which is to promote
 
15 deterrence and punishment.
 
16      In light of these considerations, this Act mandates that all
 
17 applicable terms of imprisonment first be aggregated before the
 
18 credit for pretrial detention is deducted, and that a single
 
19 period of pretrial detention can only be credited once.  Under
 
20 this Act, the calculation of the defendant's maximum sentence is
 
21 as follows:  ten years for the class B felony added to five years
 
22 for the class C felony, less the one year credit for pretrial
 

 
 
 
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                                     S.B. NO.           2636
                                                        
                                                        


 1 detention, for a total of fourteen years.  Consecutive minimum
 
 2 sentences and determinate consecutive sentences are to be
 
 3 calculated by the same method.
 
 4      SECTION 2.  Section 706-671, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "706-671  Credit for time of detention prior to sentence;
 
 7 credit for imprisonment under earlier sentence for same crime.
 
 8 (1)  When a defendant who is sentenced to imprisonment has
 
 9 previously been detained in any state or local correctional or
 
10 other institution following the defendant's arrest for the crime
 
11 for which sentence is imposed, such period of detention following
 
12 the defendant's arrest shall be deducted from the minimum and
 
13 maximum terms of such sentence.  The officer having custody of
 
14 the defendant shall furnish a certificate to the court at the
 
15 time of sentence, showing the length of such detention of the
 
16 defendant prior to sentence in any state or local correctional or
 
17 other institution, and the certificate shall be annexed to the
 
18 official records of the defendant's commitment.
 
19      (2)  When a judgment of conviction or a sentence is vacated
 
20 and a new sentence is thereafter imposed upon the defendant for
 
21 the same crime, the period of detention and imprisonment
 
22 theretofore served shall be deducted from the minimum and maximum
 

 
 
 
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                                     S.B. NO.           2636
                                                        
                                                        


 1 terms of the new sentence.  The officer having custody of the
 
 2 defendant shall furnish a certificate to the court at the time of
 
 3 sentence, showing the period of imprisonment served under the
 
 4 original sentence, and the certificate shall be annexed to the
 
 5 official records of the defendant's new commitment.
 
 6      (3)  When a defendant is sentenced to consecutive terms of
 
 7 imprisonment for any offenses, the applicable terms of
 
 8 imprisonment for each offense shall be aggregated and the period
 
 9 of detention following arrest shall be deducted from the
 
10 aggregated terms of imprisonment.  Under no circumstances shall
 
11 any period of detention be credited more than once in calculating
 
12 any term of imprisonment when the defendant is sentenced to
 
13 consecutive terms of imprisonment."
 
14      SECTION 3.  New statutory material is underscored.
 
15      SECTION 4.  This Act shall take effect upon its approval.
 
16 
 
17                              INTRODUCED BY:______________________