HOUSE OF REPRESENTATIVES

H.B. NO.

947

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

 

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

 


     SECTION 1.  Section 353-62, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In its operations the paroling authority shall:

     (1)  Keep and maintain a record of all meetings and proceedings;

     (2)  Send a detailed report of its operations to the governor every three months;

     (3)  In promulgating rules, conform to chapter 91;

     (4)  [In all matters] Entitle a prisoner to a hearing before a panel of three of its members which shall act by a majority of [its] the panel members; [and]

     (5)  If it is determined immediately preceding or during the course of a hearing that a sitting panel member must be recused due to a conflict of interest, the panel may proceed with two members; and

    [(5)] (6)  Appoint an administrative secretary and such other clerical and other assistants as may be necessary within the limits of available appropriations, subject to any applicable salary classification and civil service schedules, laws, and rules."

     SECTION 2.  Section 353-66, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Any paroled prisoner retaken and reimprisoned as provided in this chapter shall be confined according to the paroled prisoner's sentence for that portion of the paroled prisoner's term remaining unserved at time of parole, but successive paroles may, in the discretion of the paroling authority, be granted to the prisoner during the life and in respect of the sentence.  If the paroled prisoner is retaken and reimprisoned for violating a condition of parole but has not:

     (1)  Been charged with a new felony offense or a new misdemeanor offense under chapter 134, chapter 707, or section 709-906;

     (2)  Absconded or left the State without permission from the paroling authority;

     (3)  Violated conditions applicable to sex offenders, such as registering as a sex offender or conditions related to proximity to specified locations or persons; or

     (4)  Been previously reimprisoned for violating the conditions of parole on the current offense,

the paroled prisoner shall be confined for no more than six months or for that portion of the paroled prisoner's term remaining unserved at the time of parole, whichever is shorter, so long as the paroling authority has approved a parole plan as set forth under section 706-670(3) and (4).  The minimum term of imprisonment shall be determined by the court or the paroling authority, as the case may be.  The prisoner shall be given credit for time served in custody pending a hearing on revocation of parole as it relates to the six-month parole revocation.  A prisoner who is arrested outside of the State of Hawaii on a parole warrant shall be given credit for time served in custody from the date of the prisoner's return to the State of Hawaii.  No prisoner shall be incarcerated beyond the expiration of the prisoner's maximum terms of imprisonment."

     SECTION 3.  Act 139, Session Laws of Hawaii 2012, is amended by amending section 14 to read as follows:

     "SECTION 14.  This Act shall take effect on July 1, 2012; provided that:

     (1)  Section 3 shall take effect on January 1, 2013;

     (2)  Section 7 shall take effect on July 1, 2012, for any individual on parole supervision on or after July 1, 2012;

     (3)  Section 8 shall take effect on July 1, 2012, and shall be applicable to individuals committing an offense on or after that date; and

     (4)  Sections 3, 7, 8, 10, and 11 shall be repealed on July 1, 2018, and sections 353-10, 353-66, 706-670(1), 353-22.6, and 353-69, Hawaii Revised Statutes, shall be reenacted in the form [on] in which [it] they read on June 30, [2018.] 2012."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Public Safety

 

Description:

Clarifies the intent of Act 139, Session Laws of Hawaii 2012, by defining the quorum required to take action on matters before the Hawaii Paroling Authority, amending conditions for time served for a parole violation, and correcting the sunset section.

 

 

 

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