Report Title:

Early Parole

 

Description:

Allows for earned early release from minimum term for good time credit.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

939

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to parole.

 

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

SECTION 1. Section 353-64, Hawaii Revised Statutes, is amended to read as follows:

"353-64 Committed persons paroled. (a) Any committed person confined in any state correctional facility in execution of any sentence imposed upon the committed person, except in cases where the penalty of life imprisonment not subject to parole has been imposed, shall be subject to parole in manner and form as set forth in this part; provided that the committed person shall be paroled in the county where the committed person had a permanent residence or occupation or employment prior to incarceration, unless:

(1) The committed person will reside in a county in which the population exceeds eight-hundred thousand persons; or

(2) The committed person will be released for immediate departure from the State.

Provided further that to be eligible for parole, the committed person, if the person is determined by the department to be suitable for participation, must have been a participant in an academic, vocational education, or prison industry program authorized by the department and must have been involved in or completed the program to the satisfaction of the department; [and] provided further that this precondition for parole shall not apply if the committed person is in a correctional facility where academic, vocational education, and prison industry programs or facilities are not available[.]; provided further that the committed person shall be eligible for earned early release credit under subsection (b). A grant of parole shall not be subject to acceptance by the committed person.

(b) In addition to subsection (a), a committed person shall be eligible for parole before the expiration of the person's minimum term, for credit earned for good behavior, obedience to the rules, and good performance of duties assigned in a community correctional center or correctional facility, as applicable, wherever located. The credit earned shall be equal to ten days for each month and pro rata for a part of a month served as a prisoner, deducted from the minimum sentence; provided that the Hawaii paroling authority is satisfied that the person will remain on parole without violating the law and will not endanger the welfare of society. This subsection shall not apply to a committed person sentenced to an mandatory term of imprisonment or to life imprisonment not subject to parole."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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