Bill Text: HI HB1133 | 2018 | Regular Session | Introduced


Bill Title: Relating To Parole.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB1133 Detail]

Download: Hawaii-2018-HB1133-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1133

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PAROLE.

 

 

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

 


     SECTION 1.  Section 353-14, Hawaii Revised Statutes, is amended as follows:

     "§353-14  Cash furnished discharges committed person, when.  Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person may be furnished by the Hawaii paroling authority, in its discretion, with funds of not more than $200, to meet the committed person's immediate needs[.]; provided that legislative appropriations specifically for these purposes have been authorized and allocated to the authority.  The expenditures made by the Hawaii paroling authority shall be included among the accounts for cost and maintenance of committed persons."

     SECTION 2.  Section 353-70, Hawaii Revised Statutes, is amended to read as follows:

     "§353-70  Final discharge.  Whenever, in its opinion, any paroled prisoner has given such evidence as is deemed reliable and trustworthy that the paroled prisoner will remain at liberty without violating the law and that the paroled prisoner's final release is not incompatible with the welfare of society, the Hawaii paroling authority may grant the prisoner a written discharge from further liability under the prisoner's sentence[.] unless the inmate is serving any portion of a court-ordered mandatory minimum sentence or the inmate or paroled prisoner owes restitution.

     Any paroled prisoner who has been on parole for at least five years shall [be] have the paroled prisoner's case administratively brought before the paroling authority for purposes of consideration for final discharge and, at the discretion of the authority, may be considered for a recommendation for a complete pardon.  In the event the prisoner is not granted a final discharge and full pardon, the paroled prisoner shall [be] have the paroled prisoner's case administratively brought before the paroling authority for the aforementioned purposes annually thereafter.

     Any person, who, while on parole, enters the military service of the United States, may upon the person's honorable discharge therefrom, petition the paroling authority for a final discharge, and the paroling authority may consider the honorable discharge as grounds for granting a final discharge from parole

and recommending to the governor a full pardon."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 


 


 

Report Title:

Parole; Legislative Appropriations; Discharged Persons

 

Description:

Specifies that funds for discharged persons be subject to legislative appropriation.  Clarifies circumstances under which the Hawaii Paroling Authority may grant early discharges. 

Provides the paroling authority with discretion when considering pardons for paroled prisoners and clarifies early discharge consideration of paroled prisoners is an administrative action, not an in-person hearing before the authority.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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