Report Title:

Hawaii Paroling Authority.

 

Description:

Increases the level of service of two members of the Hawaii Paroling Authority from part-time to full-time.  (HB1403 HD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1403

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO THE HAWAII PAROLING AUTHORITY.

 

 

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

 


     SECTION 1.  The legislature finds that the Hawaii paroling authority plays a vital role in our criminal justice system.  It determines minimum terms of incarceration for almost all inmates sentenced to prison; grants parole when it determines that an inmate is ready for release into the community; establishes terms and conditions of parole for each offender granted parole; oversees parole officers who monitor and supervise parolees; grants discharges from parole; and makes recommendations for pardons and commutations of sentences.

     The authority was created in 1976 with one full-time member and two part-time members.  In the past thirty-six years, its workload has increased eight-fold due to the rise in incarceration rates.  However, the authority continues to be comprised of one full-time and two part-time members.  Because it is essentially a part-time body, the authority finds proper deliberation very difficult when reviewing cases and making decisions that are vital to public safety.  Further, the authority is experiencing severe difficulties in carrying out its responsibility in assuring that the terms and conditions of parole are properly enforced with a less than full-time authority.

     The purpose of this Act is to change the two part-time members of the Hawaii paroling authority to full-time members.

     SECTION 2.  Section 353-63, Hawaii Revised Statutes, is amended to read as follows:

     "§353-63   Service of Hawaii paroling authority members; compensation; expenses.  The chairperson and the other two members of the Hawaii paroling authority shall serve on a full-time basis.  [The other two members shall serve on a part-time basis.]  Effective July 1, 2005, the chairperson of the Hawaii paroling authority shall be paid a salary set at eighty-seven per cent of the salary of the director of public safety.  [The] Effective July 1, 2007, the compensation of each of the [part-time] other two members of the Hawaii paroling authority shall be set at eighty per cent of the [hourly wage paid] salary of the chairperson.  [For each hour engaged in the official duties of the authority, each part-time member of the authority shall be paid an hourly wage at the percentage rate specified in this section based on the hourly wage paid the chairperson; provided that compensation shall not exceed eighty per cent of the total regular working hours in a month; provided further that part-time members shall not be entitled to any vacation, sick leave, or other benefits except as provided in this section.  All paroling authority members shall receive their necessary expenses for travel and incidentals which shall be paid from appropriations provided the authority for such purposes, on vouchers approved by the director of public safety.]"

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $    or so much thereof as may be necessary for fiscal year 2007-2008 and $    or so much as may be necessary for fiscal year 2008-2009 to carry out the purpose of this Act, including the purchase of office equipment and other expenses related to the new full-time paroling authority members.

     The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

     SECTION 4.  Any persons who were appointed as part-time members of the Hawaii paroling authority by the governor in accordance with sections 26-34 and 353-61, Hawaii Revised Statutes, and who serve as part-time members on the day immediately preceding the effective date of this Act shall become full-time members of the Hawaii paroling authority on the effective date of this Act and continue serving their current terms of appointment.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2020.