Report Title:

Repeat Sexual Offenders; Lifetime Parole

 

Description:

Provides that repeat sexual offenders who have been convicted on two prior and separate occasions for an offense under section 707-730, 707-731, 707-732, or 707-733.6 shall be placed on lifetime parole upon release from prison.  Allows a repeat sexual offender placed on lifetime parole to initiate a special proceeding to challenge the applicability of lifetime parole.  (HB516 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

516

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to sexual offenders.

 

 

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

 


     SECTION 1.  Section 706-606.6, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Notwithstanding any other provision of law to the contrary, any person who is convicted of an offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707‑733.6, 707-750, or 708-840, after having been convicted on at least three prior and separate occasions of an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707‑733.6, 707-750, or 708-840, or of an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707‑733.6, 707-750, or 708-840, shall be sentenced to an extended term of imprisonment as provided in section 706-661[.]; provided that upon release from prison, a repeat sexual offender convicted on two prior and separate occasions of an offense under section 707‑730, 707‑731, 707‑732, or 707‑733.6 shall be placed on lifetime parole.  Repeat sexual offenders placed on lifetime parole shall have the right to initiate a special proceeding to challenge the applicability of lifetime parole."

     SECTION 2.  Section 706-670, Hawaii Revised Statutes, is amended by amending subsection (8) to read as follows:

     "(8)  Length of recommitment and reparole after revocation of parole.  If a parolee's parole is revoked, the term of further imprisonment upon such recommitment and of any subsequent reparole or recommitment under the same sentence shall be fixed by the authority but, except as provided in section 706‑606.6, shall not exceed in aggregate length the unserved balance of the maximum term 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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2112.