STAND. COM. REP. NO. 581

Honolulu, Hawaii

, 2001

RE: S.B. No. 859

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 859 entitled:

"A BILL FOR AN ACT RELATING TO PAROLE,"

begs leave to report as follows:

The purpose of this measure is to allow a prisoner to be eligible for early parole for good behavior.

Your Committee received testimony in support of this measure from the Department of Public Safety, Public Defender, Native Hawaiian Legal Corporation, John Howard Association of Hawaii, and four private individuals. Testimony in opposition was received from the Honolulu Prosecuting Attorney and the Hawaii Paroling Authority (HPA).

It is the understanding of your Committee that the HPA currently has a program for good time early release called "Reduction of Minimum" which is based on progress made while incarcerated. Your Committee does not intend to invade the province of the HPA. Your Committee notes that this measure, as amended, retains the discretion of the HPA to determine if good time is to be credited.

Your Committee has amended this measure by:

(1) Allowing the HPA to develop and implement an alternate program of early release;

(2) Clarifying that the HPA determines if good time credits are earned; and

(3) Requiring that the HPA notify the victim of an inmate's parole hearing for potential early release from prison in order to give the victim an opportunity to testify at the hearing.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 859, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 859, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair