Report Title:

Hawaii Paroling Authority; Minimum Terms

Description:

Requires the Hawaii paroling authority to reduce minimum terms of imprisonment if the prison population reaches 90% of capacity.

THE SENATE

S.B. NO.

2666

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CORRECTIONS.

 

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

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"353- Reduction of minimum terms to reduce prison overcrowding. (a) Whenever the total number of inmates at any correctional facility reaches a number that represents ninety per cent or more of the total number of available beds in that facility, the Hawaii paroling authority shall reduce, if appropriate in its discretion, the previously established minimum term of imprisonment for each eligible inmate by reconsidering the previously established minimum term of imprisonment, in accordance with procedures under section 353-62.

(b) An inmate shall be eligible under subsection (a) only if the reduction of the minimum term shall not require a court order or a resentencing by the court.

(c) The Hawaii paroling authority shall undertake procedures under subsection (a) in the following order of priority of eligible inmates to receive a reduction in the minimum sentence:

(1) Nonviolent offenders without a consecutive sentence to follow the sentence being served;

(2) Nonviolent offenders with a consecutive sentence to follow the sentence being served;

(3) Nonviolent offenders sentenced in relation to a violent offense;

(4) Violent offenders serving a minimum term of less than ten years without a consecutive sentence to follow the sentence being served;

(5) Violent offenders serving a minimum term of less than ten years with a consecutive sentence to follow the sentence being served;

(6) Violent offenders serving a minimum term of ten years or more but less than twenty years without a consecutive sentence to follow the sentence being served;

(7) Violent offenders serving a minimum term of ten years or more but less than twenty years with a consecutive sentence to follow the sentence being served;

(8) Violent offenders serving a minimum term of imprisonment of twenty years or more without a consecutive sentence to follow the sentence being served;

(9) Violent offenders serving a minimum term of imprisonment of twenty years or more with a consecutive sentence to follow the sentence being served; and

(10) All other offenders, except those serving a sentence of life imprisonment without possibility of parole.

(c) Proceedings under this section shall be conducted in accordance with section 353-62; provided that the inmate shall have a right to be represented by counsel."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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