Prisoners Deportation

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)

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

                   A  BILL  FOR  AN  ACT



 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.

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                                     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.