THE SENATE

S.B. NO.

213

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII PENAL CODE.

 

 

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

 


SECTION 1. Section 706-668.5, Hawaii Revised Statutes, is amended to read as follows:

"706-668.5 Multiple sentence of imprisonment. (1) If multiple terms of imprisonment are imposed on a defendant, whether at the same time or at different times, or if a term of imprisonment is imposed on a defendant who is already subject to an unexpired term of imprisonment, the terms may run concurrently or consecutively. Multiple terms of imprisonment run concurrently unless the court orders or the statute mandates that the terms run consecutively.

(2) The court, in determining whether the terms imposed are to be ordered to run concurrently or consecutively, shall consider the factors set forth in section 706-606.

(3) For defendants serving a term of imprisonment imposed prior to June 18, 2008, the department of public safety shall post, in all inmate housing units and the facility library at each facility for a period of two months, a written notice that shall include but not be limited to:

(a) Notice that the department of public safety may recalculate the multiple terms of imprisonment imposed on the defendant; and

(b) Notice that the defendant may petition the court for clarification or correction of the defendant's recalculated sentence or sentences when good cause exists.

(4) For defendants petitioning the court for clarification or correction of a recalculated sentence, the petitions shall be served on the department of public safety and the department of the attorney general as parties in interest, in addition to the appropriate prosecuting attorney."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 7, 2059.


 


 

Report Title:

Penal Code; Multiple Sentences of Imprisonment

 

Description:

Requires the department of public safety to post written notice to defendants with terms of imprisonment imposed prior to June 18, 2008, to notify these defendants that the department may recalculate their multiple terms of imprisonment and their right to petition the court for clarification or correction when there is good cause. (SB213 HD1)

 

 

 

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