STAND. COM. REP. NO. 710
RE: S.B. No. 213
Honorable Donna Mercado Kim
President of the Senate
Twenty-Eighth State Legislature
Regular Session of 2015
State of Hawaii
Your Committee on Ways and Means, to which was referred S.B. No. 213, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE HAWAII PENAL CODE,"
begs leave to report as follows:
The purpose and intent of this measure is to provide certain notices to defendants who had multiple terms of imprisonment imposed prior to June 18, 2008.
More specifically, the measure requires the Department of Public Safety, no later than six months prior to a defendant's scheduled date of release, to send written notice to those defendants who had terms of imprisonment imposed prior to June 18, 2008, that:
(1) The Department of Public Safety may recalculate the multiple terms of imprisonment imposed on the defendant; and
(2) The defendant has the right to have the court review the defendant's sentence.
Your Committee received written comments on this measure from the Department of Public Safety and the Department of the Attorney General.
Your Committee finds that prior to 2008, section 706-668.5, Hawaii Revised Statutes, relating to imposition of multiple terms of imprisonment, provided that the terms run consecutively unless the court specifically ordered that the terms run concurrently. Act 193, Session Laws of Hawaii 2008, amended section 706-668.5, Hawaii Revised Statutes, and provided that multiple terms of imprisonment run concurrently unless the court specifically orders that the terms run consecutively. This measure attempts to bring parity to the treatment of defendants sentenced to multiple terms prior to the effective date of Act 193, June 18, 2008, and those sentenced to multiple terms after that date.
Your Committee finds that, as written, this measure may not provide defendants with adequate notice, as intended. Accordingly, your Committee has amended this measure by requiring that notice:
(1) Be posted at all inmate housing units and the facility library for a period of two months, rather than sending written notice to the defendant six months prior to the release date; and
(2) State that a defendant may petition the court for clarification or correction of their sentence or sentences when good cause exists.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 213, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 213, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
JILL N. TOKUDA, Chair