Report Title:

Hawaii paroling authority; members

 

Description:

Changes the composition of the Hawaii paroling authority to consist of three full-time members, rather than one full-time and two part-time members. Appropriates funds. (HB963 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

963

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the hawaii paroling authority.

 

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

SECTION 1. The legislature finds that the Hawaii paroling authority (authority) plays a vital role in our criminal justice system. The authority:

(1) Determines minimum terms of incarceration for almost all inmates who are sentenced to prison;

(2) Grants parole when it determines that an inmate is ready for release into the community;

(3) Establishes terms and conditions of parole for each offender who is granted parole;

(4) Oversees parole officers who monitor and supervise parolees;

(5) Grants discharges from parole; and

(6) Makes recommendations for pardons and commutations of sentences.

The authority was created in 1976 with one full-time and two part-time members. In the past twenty years, the authority's workload has increased tremendously due to the rise in crime and incarceration rates. However, despite its increased workload, the authority continues to be composed of one full-time and two part-time members. Because it is essentially a part-time body, the authority cannot provide proper deliberation when reviewing cases requiring decisions that are vital to public safety. Furthermore, the authority cannot carry out its responsibility for assuring that the terms and conditions of parole are properly enforced.

The purpose of this Act is to change the composition of the Hawaii paroling authority to consist of three full-time members, instead of one full-time and two part-time members.

SECTION 2. Section 353-63, Hawaii Revised Statutes, is amended to read as follows:

"§353-63 Service of Hawaii paroling authority members; compensation; expenses. The chairperson and members of the Hawaii paroling authority shall serve on a full-time basis. [The other two members shall serve on a part-time basis.] Effective July 1, 1994, the chairperson of the Hawaii paroling authority shall be paid a salary set by the governor within the range of $72,886 to $77,966, a year. [The compensation of each of the part-time members shall be eighty per cent of the hourly wage paid the chairperson. For each hour engaged in the official duties of the authority, each part-time member of the authority shall be paid an hourly wage at the percentage rate specified in this section based on the hourly wage paid the chairperson; provided that compensation shall not exceed eighty per cent of the total regular working hours in a month; and provided further that part-time members shall not be entitled to any vacation, sick leave, or other benefits except as provided in this section.] Effective July 1, 2001, the other two members shall be paid a salary set by the governor within the range of $47,376 to $66,271 a year. All paroling authority members shall receive their necessary expenses for travel and incidentals, which shall be paid from appropriations provided the authority for such purposes, on vouchers approved by the director of public safety."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $72,999 or so much thereof as may be necessary for fiscal year 2001-2002 to carry out the purposes of this Act.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 4. Any person who was appointed as a part-time member of the Hawaii paroling authority by the governor in accordance with sections 26-34 and 353-61, Hawaii Revised Statutes, and who serves as a part-time member on the day immediately preceding the effective date of this Act shall become a full-time member of the Hawaii paroling authority on the effective date of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2001.