HOUSE OF REPRESENTATIVES

H.B. NO.

510

TWENTY-EIGHTH LEGISLATURE, 2015

 

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-    Imprisonment credit for good conduct, educational accomplishment, and meritorious service; revocation of credit; denial of ability to earn.  (a)  Any committed person serving a sentence for a felony or misdemeanor conviction may receive good conduct, educational, and meritorious service time credit reducing the term of the committed person's minimum sentence subject to the provisions of this section.

     (b)  As determined by the department, a committed person may be awarded good conduct time credit, not exceeding ten days for each month served, based upon good conduct of the committed person.

     (c)  An educational time credit of sixty days shall be awarded to any committed person who successfully earns, during the term of imprisonment, a:

     (1)  Graduate equivalency diploma;

     (2)  High school diploma;

     (3)  Two-year college degree;

     (4)  Four-year college degree;

     (5)  Two-year certification in applied sciences;

     (6)  Four-year certification in applied sciences; or

     (7)  Technical education diploma, as provided and defined by the department,

that the committed person did not possess prior to starting the term of imprisonment.  A committed person may earn additional educational time credit for each subsequent program completed; provided that each subsequently completed diploma, degree, or certification requires increased difficulty or time as those previously earned, as determined by the department.

     (d)  At the discretion of the director, meritorious service time credit may be awarded to a committed person, not to exceed five days for each month served, for performing exceptionally meritorious service or performing duties of outstanding importance in connection with institutional operations and programs.

     (e)  When two or more consecutive sentences are to be served, all time credit computations shall be applied to each sentence.

     (f)  The department shall revoke some or all time credits earned pursuant to this section and deny or place a restriction on a committed person's ability to earn additional time credits pursuant to this section if, during the term of imprisonment, the committed person:

     (1)  Commits any offense;

     (2)  Violates the rules of the institution; or

     (3)  Has filed multiple civil actions that have been dismissed because the court found the action to be malicious, harassing, or factually frivolous.

     (g)  Time credit awards, revocation, and restrictions shall be as uniform as practicable throughout all institutions operated by, under contract to, or under the control of the department. 

     (h)  The department shall adopt guidelines specifying the specific number of days that time credits authorized pursuant to this section are awarded or revoked under specific circumstances as well as any prohibition and restrictions imposed on the future earning of time credits."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Felony Minimum Terms; Misdemeanor Minimum Terms; Credit for Good Behavior; Credit for Education

 

 

Description:

Requires PSD to establish guidelines that allow committed persons serving a term of imprisonment for a felony or misdemeanor to earn reductions in the person's minimum term for good behavior, educational attainment, and meritorious service.  Provides for forfeiture of credit for improper behavior.

 

 

 

 

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