Report Title:

Early Parole; Earned Credit; Alternative Program



Allows for earned early release from minimum term for good time credit; allows Hawaii Paroling Authority to develop alternate program for early release; requires notification to victim of early release. (SD1)



S.B. NO.



S.D. 1






relating to parole.



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, as determined by the Hawaii paroling authority, 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.

(c) The Hawaii paroling authority may develop and implement as an alternative to subsection (b) a program of eligibility for release before the expiration of the person's minimum term.

(d) The Hawaii paroling authority shall 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.

(e) Subsections (b) and (c) 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.