Report Title:

Sentencing, Presentence Credit

 

Description:

Standardizes system of calculating presentence credit.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

977

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SENTENCING.

 

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

SECTION 1. The purpose of this Act is to clarify the method by which presentence credit for detention is applied to calculate consecutive terms of imprisonment. The current law does not specifically provide for calculation for presentence credit as applied to a consecutive sentence. Without statutory guidance, the present practice for calculating presentence credit for detention deducts the presentence credit from the sentence for each offense before the sentences are aggregated rather than first aggregating the terms of imprisonment for each offense and then deducting the period of presentence detention.

For example, if a defendant who has served one year of presentence detention is convicted of both class B and C felonies, and the sentences are to run consecutively, the current practice is to calculate the defendant's maximum term by subtracting the one year credit from the ten-year maximum term for the class B felony for a subtotal of a nine-year maximum term. Then the one year credit is subtracted from the five-year maximum term for a class C felony for a subtotal of a four-year maximum term. Finally, the nine-year and four-year subtotal are aggregated to provide an aggregate term of thirteen years for maximum term for this particular defendant. The minimum sentence that must be served is similarly calculated. Likewise, determinate consecutive sentences involving terms of imprisonment for misdemeanors and petty misdemeanors are comparably calculated.

However, this method permits multiple credits for the single period of pretrial detention and results in disparities between those defendants serving consecutive terms who were not detained prior to sentence and those defendants serving consecutive terms who were detained prior to trial. In addition, the current method of calculation which permits multiple credit for a single period of pretrial detention conflicts with the legislative purpose behind consecutive sentencing, which is to promote deterrence and punishment.

In light of these considerations, this Act mandates that all applicable terms of imprisonment first be aggregated before the credit for pretrial detention is deducted, and that a single period of pretrial detention can only be credited once. Under this Act, the calculation of the defendant's maximum sentence is as follows: ten years for the class B felony added to five years for the class C felony, less the one year credit for pretrial detention, for a total of fourteen years. Consecutive minimum sentences and determinate consecutive sentences are to be calculated by the same method.

SECTION 2. Section 706-671, Hawaii Revised Statutes, is amended to read as follows:

"§706-671 Credit for time of detention prior to sentence; credit for imprisonment under earlier sentence for same crime. (1) When a defendant who is sentenced to imprisonment has previously been detained in any State or local correctional or other institution following the defendant's arrest for the crime for which sentence is imposed, such period of detention following the defendant's arrest shall be deducted from the minimum and maximum terms of such sentence. The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the length of such detention of the defendant prior to sentence in any State or local correctional or other institution, and the certificate shall be annexed to the official records of the defendant's commitment.

(2) When a judgment of conviction or a sentence is vacated and a new sentence is thereafter imposed upon the defendant for the same crime, the period of detention and imprisonment theretofore served shall be deducted from the minimum and maximum terms of the new sentence. The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the period of imprisonment served under the original sentence, and the certificate shall be annexed to the official records of the defendant's new commitment.

(3) When a defendant is sentenced to consecutive terms of imprisonment for any offenses, the applicable terms of imprisonment for each offense shall be aggregated and the period of detention following arrest shall be deducted from the aggregated terms of imprisonment. Under no circumstances shall any period of detention be credited more than once in calculating any term of imprisonment when the defendant is sentenced to consecutive terms of imprisonment."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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