Bill Text: HI SB2026 | 2010 | Regular Session | Amended
Bill Title: Parole Services Fee
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2010-03-11 - (H) The committee(s) recommends that the measure be deferred. [SB2026 Detail]
Download: Hawaii-2010-SB2026-Amended.html
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THE SENATE |
S.B. NO. |
2026 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PAROLE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding two new sections to part II be appropriately designated and to read as follows:
"§353-A Parole service fee. (a) This section applies to a committed person who is paroled after confinement in any state correctional facility in execution of any sentence imposed upon the committed person other than when life imprisonment not subject to parole has been imposed.
(b) The Hawaii paroling authority shall order a committed person to whom subsection (a) applies to pay a parole service fee of $60; provided that:
(1) No parole service fee shall be ordered if the Hawaii paroling authority determines that the parolee is unable to pay the parole service fee within forty-eight months immediately following release on parole;
(2) The fee or balance of the fee owed shall be waived if no payment or only partial payment is made within forty-eight months immediately following release on parole; and
(3) The parole service fee shall not be construed to prohibit the paroling of any committed person.
(c) If the parolee was ordered by a court upon sentencing to pay restitution or crime victim compensation that remains unsatisfied at the time of parole, the payment of the parole service fee shall be next-in-line in order of priority after payment of restitution or crime victim compensation.
(d) The terms and manner of payment by the parolee shall be at the discretion of the parolee's parole officer.
(e) The parole service fee shall be payable to the Hawaii paroling authority for deposit by the Hawaii paroling authority in the following manner:
(1) Eighty per cent of the parole service fee shall be deposited into the parole services special fund under section 353-B; and
(2) Twenty per cent of the parole service fee shall be deposited into the crime victim compensation special fund under section 351-62.5.
(f) This section also applies to an offender, as defined in article II of chapter 353B, who is paroled and is authorized to travel across state lines to and from a compacting state pursuant to chapter 353B, to the extent a service fee or facsimile is allowed under the interstate compact for the supervision of adult offenders; provided that the Hawaii parole service fee, if any, shall be deposited in whole into the parole services special fund under section 353-B.
(g) The Hawaii paroling authority may enter into a memorandum of agreement with a government agency to collect the parole service fee, which shall be transmitted upon collection to the Hawaii paroling authority for deposit in accordance with subsection (e).
The Hawaii paroling authority may collect the fee directly, which when received shall be deposited into the parole services special fund.
§353-B Parole services special fund. (a) There is established a special fund to be known as the parole services special fund. A portion of the parole service fee as specified in section 353-A shall be deposited into the parole services special fund.
(b) Moneys in the parole services special fund shall be used by the Hawaii paroling authority to defray expenses in the operation of the parole system in the monitoring of parolees and in enforcing conditions of parole. No moneys in the fund shall be used to pay any salaries under the budget of the Hawaii paroling authority."
SECTION 2. Section 351-62.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Funds received pursuant to section 354D-12(b)(1) and amounts received pursuant to sections 351-35, 351-62.6, 351-63, 353-A, 706-605, and 853-1 shall be deposited into the crime victim compensation special fund. Moneys received shall be used for compensation payments, operating expenses, salaries of positions as authorized by the legislature, and collection of fees. The commission may enter into memorandums of agreement with the judiciary for the collection of fees by the judiciary; provided that no funds shall be deposited by the judiciary into the crime victim compensation special fund until collected."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Parole Services Fee
Description:
Establishes a parole service fee. Establishes a parole service special fund. Specifies proportional deposits of the parole service fee into the parole services special fund and the crime victim compensation special fund. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
