REPORT TITLE:
Prisoners Deportation


DESCRIPTION:
Clarifies the role of the Hawaii Paroling Authority and the
process by which prisoners are deported and transferred in
accordance with the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996. (HB905 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        905
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

DEPORTATION OF PRISONERS.



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

 1      SECTION 1.  Section 353-68, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "353-68  Parole, how initiated and granted.(a)  Paroles
 
 4 may be granted by the Hawaii paroling authority at any time after
 
 5 the prisoner has served the minimum term of imprisonment fixed
 
 6 according to law; provided that where a fine has also been
 
 7 imposed, which has not been paid, and if the prisoner has been
 
 8 imprisoned for at least thirty days, the paroling authority upon
 
 9 being satisfied that the prisoner has petitioned the court for
 
10 revocation of all or part of such fine pursuant to section
 
11 706-645, may nevertheless parole the prisoner without payment of
 
12 the fine, either with or without the condition, subject to
 
13 determination by the court under section 706-645, that while on
 
14 such parole the prisoner make payment of the fine as the paroling
 
15 authority deems proper under the circumstances.  The proceedings
 
16 to obtain parole may be initiated by the written recommendation
 
17 of the superintendent to the paroling authority or may be
 
18 initiated by the paroling authority without any such
 
19 recommendation.
 

 
Page 2                                                     905
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (b)  The governor shall have like power to revoke the parole
 
 2 of any prisoner.  The written authority of the governor shall
 
 3 likewise be sufficient to authorize any police officer to retake
 
 4 and return the prisoner to prison.  The governor's written order
 
 5 revoking the parole shall have the same force and effect and be
 
 6 executed in like manner as the order of the chairperson of the
 
 7 paroling authority.
 
 8      (c)  In the case of a prisoner whose case at the United
 
 9 States Immigration and Naturalization Service has reached the
 
10 stage of a final administrative order for deportation with no
 
11 pending appeal in the Ninth Circuit, the paroling authority shall
 
12 expeditiously proceed with that prisoner's deportation process
 
13 according to the requirements specified within the Illegal
 
14 Immigration Reform and Immigrant Responsibility Act of 1996, P.L.
 
15 104-208.  Any prisoner with a pending appeal in the Ninth Circuit
 
16 of the prisoner's final administrative order for deportation,
 
17 shall be transferred to the custody of federal authorities to be
 
18 incarcerated in a federal detention facility.
 
19      [(c)] (d)  The paroling authority shall act by majority of
 
20 all its members in respect of all proceedings touching the parole
 
21 of prisoners."
 
22      SECTION 2.  Section 353-69, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 3                                                     905
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "353-69  Parole when.  No parole shall be granted unless
 
 2 [it]:
 
 3      (1)  It appears to the Hawaii paroling authority that there
 
 4           is a reasonable probability that the prisoner concerned
 
 5           will live and remain at liberty without violating the
 
 6           law and that the prisoner's release is not incompatible
 
 7           with the welfare of society[.]; or
 
 8      (2)  The prisoner conforms to section 353-68(c)."
 
 9      SECTION 3.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval.