Bill Text: HI SB2056 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Probation; Early Discharge; Compliance Report; Judiciary Package

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-06-21 - (S) Act 143, 6/20/2012 (Gov. Msg. No. 1245). [SB2056 Detail]

Download: Hawaii-2012-SB2056-Introduced.html

THE SENATE

S.B. NO.

2056

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the penal code.

 

 

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

 


     SECTION 1.  Section 706-623, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences the defendant to a shorter period of probation:

    (a)   Ten years upon conviction of a class A felony;

    (b)   Five years upon conviction of a class B or class C felony;

    (c)   One year upon conviction of a misdemeanor; except that upon a conviction under section 586-4, 586-11, or 709-906, the court may sentence the defendant to a period of probation not exceeding two years; or

    (d)   Six months upon conviction of a petty misdemeanor; provided that up to one year may be imposed upon a finding of good cause.

The court, on application of a probation officer, on application of the defendant, or on its own motion, may discharge the defendant at any time.  Prior to granting early discharge, the defendant’s probation officer shall be required to report to the court concerning the defendant’s compliance or non-compliance with the conditions of probation and the court shall afford the prosecuting attorney an opportunity to be heard.  The terms of probation provided in this part, other than in this section, shall not apply to sentences of probation imposed under section 706-606.3."

     SECTION 2.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Probation; Early Discharge; Compliance Report; Judiciary Package

 

Description:

Requires probation officer, prior to early discharge of defendant, to report to court concerning defendant’s compliance or non‑compliance with terms of probation.

 

 

 

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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