Report Title:

Convicted Defendants

Description:

Authorizes the judiciary to enter into agreements with the department of public safety under which the judiciary can assume some responsibilities of the department over the disposition of committed persons, including imprisonment and parole.

HOUSE OF REPRESENTATIVES

H.B. NO.

1656

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS.

 

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

SECTION 1. Section 353-65, Hawaii Revised Statutes, is amended to read as follows:

"§353-65 Paroles; rules [and regulations]. The Hawaii paroling authority may establish rules [and regulations], with the approval of the governor and the director of public safety not inconsistent with this part, under which any prisoner may be paroled but shall remain, while on parole, in the legal custody and under the control of the paroling authority, and be subject, at any time until the expiration of the term for which the prisoner was sentenced, to be taken back within the enclosure of the prison. The rules [and regulations] shall have the force and effect of law. Full power, subject to this part, to enforce the rules [and regulations,] and to grant[,] and to revoke paroles is conferred upon the paroling authority. The power to retake and reimprison a paroled prisoner is conferred upon the administrative secretary, who may issue a warrant authorizing all of the officers named therein to arrest and return to actual custody any paroled prisoner. The superintendent of Hawaii state prison, the chief of police of each county, and all police officers of the State or of any county, and all prison officers shall execute any such order in [like] the same manner as ordinary criminal process.

The director may enter into agreements with the judiciary under which the court, in lieu of the Hawaii paroling authority, may implement the responsibilities of the Hawaii paroling authority set forth in section 353-62 for selected prisoners. The agreements shall set forth the criteria of those prisoners who are subject to the agreements.

If any prisoner so paroled leaves the State without permission from the paroling authority, the prisoner shall be deemed to be an escaped prisoner, and may be arrested as such."

SECTION 2. Section 706-672, Hawaii Revised Statutes, is amended to read as follows:

"§706-672 Place of imprisonment. When a person is sentenced to imprisonment, the court shall commit the person to the custody of the department of public safety for the term of the person's sentence and until released in accordance with law. The director of public safety shall determine the proper program of redirection and any place of confinement of the committed person[.], unless otherwise determined by an agreement between the judiciary and the director of public safety that the court shall determine the proper program of redirection and place of confinement of the committed person."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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