Bill Text: HI SB1049 | 2022 | Regular Session | Introduced
Bill Title: Relating To Credit For Time Of Detention Prior To Sentence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB1049 Detail]
Download: Hawaii-2022-SB1049-Introduced.html
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THE SENATE |
S.B. NO. |
1049 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CREDIT FOR TIME OF DETENTION PRIOR TO SENTENCE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature, by Act 50, Session Laws of Hawaii 2012, enacted subsection (3) of section 706-671, Hawaii Revised Statutes, to prevent a defendant from earning credit for time served for a subsequent crime while the defendant is serving a sentence of imprisonment for a separate, unrelated offense. The intent was to provide for uniform application of section 706-671 and deter imprisoned offenders from incurring new offenses.
In State v. Abihai, 146 Haw. 398, 463 P.3d 1055 (2020), however, the supreme court of Hawaii held that the plain language of section 706-671(1) required that the defendants the legislature sought to address by enacting section 706-671(3) still be given credit for the time spent in custody pending trial. In Abihai, the supreme court found that the plain language of section 706-671(3), which would have denied the defendant's entitlement to presentence credit, does not eliminate the defendant's entitlement to presentence detention credit because the presentence detention credit time the defendant requested was not solely "time being served for the separate unrelated felony conviction," but also time served for the subsequent escape crime. In that case the defendant committed escape in the second degree while serving a term of imprisonment for a prior offense. Once apprehended, the defendant was returned to custody to continue serving his term of imprisonment and bail was set on his escape case. Although the intent behind section 706-671(3) was to deny such defendants credit for the time served for the subsequent offense while defendants are serving a term of imprisonment for the prior offense, the court held that under the plain language of section 706-671(3), defendant was still entitled to credit pursuant to section 706-671(1) because the defendant was not serving time solely for the prior separate unrelated offense but also for the new subsequent escape offense.
The purpose of this Act is to clarify that defendants being sentenced for offenses that were committed while serving a sentence of imprisonment on a separate unrelated felony conviction cannot be given credit for any time that was served for the separate unrelated felony conviction, even if the defendant was simultaneously being detained pending trial for the offense committed while serving the sentence of imprisonment for the separate unrelated felony conviction.
SECTION 2. Section 706-671, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) Notwithstanding subsection (1) and any
other law to the contrary, when a defendant is convicted for a crime committed
while serving a sentence of imprisonment on a separate unrelated felony
conviction, [credit for time being served for the term of imprisonment
imposed on the defendant for the separate unrelated felony conviction shall not
be deducted from the term of imprisonment imposed on the defendant for the
subsequent conviction.] and the defendant was detained prior to
conviction for the subsequent offense while serving the term of imprisonment
for the separate unrelated felony conviction, the defendant shall not get credit
for the period of detention served for the subsequent offense."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Penal Code; Sentencing; Credit for Time of Detention Prior to Sentence
Description:
Clarifies that defendants may not earn credit on a sentence imposed for a subsequent conviction for time being served on a previous felony conviction
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
