Hawaii-2011-SB1136-Introduced

SECTION 1. The legislature finds that many correctional jurisdictions in the United States use an incentive system that rewards inmates for positive behavior. The earned time credit system was first implemented in the eighteenth century to relieve overcrowding, reward inmates who have no behavioral infractions, and encourage participation in inmate rehabilitation programs.

The purpose of this Act is to establish a system of earned time that allows inmates in Hawaii or in contracted correctional facilities on the mainland to earn credit toward their minimum time of imprisonment.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353‑ Earned time program. (a) There is established the earned time program to be administered by the department of public safety. Under this program, a committed person shall be eligible for parole before the expiration of the person's minimum term, set by the Hawaii paroling authority, upon demonstrating progress toward rehabilitation in each of the following categories to the extent that the services listed in the following categories are available at the committed person's correctional facility:

(1) Work, vocational, or occupational training and skills, including consideration of factors such as attendance, promptness, performance, cooperation, care of materials, and safety;

(2) Social adjustment, including skills such as group living, housekeeping, personal hygiene, and cooperation;

(3) Counseling sessions and self-help groups;

(4) Therapeutic and other similar departmental programs; and

(5) Education or literacy programs.

(b) Only committed persons who are serving time for a non-violent drug offense and who have successfully completed a residential drug abuse program shall be eligible for the earned time program.

(1) Demonstrates progress as required under subsection (a);

(2) Meets eligibility requirements under subsection (b); and

(3) Has been certified by the person's case manager according to departmental procedure,

shall earn credits under the program. According to the requirements of the earned time program, each month served shall be equal to ten days for each month, and shall apply prorated for any portion of a month served in accordance with program requirements.

(d) The department shall review the performance of each person committed to the custody of the director, including a review of certified records of the person's performance in the earned time program and, consistent with this section and procedures and standards under subsection (e), may grant, withhold, withdraw, or restore an earned time deduction from the person's minimum term of imprisonment set by the Hawaii paroling authority. The review shall be conducted annually while the person is incarcerated and an earned time deduction shall vest upon being granted. If the annual review changes the amount of earned time vested for the person committed, the director shall promptly notify the crime victim, if any, of the person's adjusted minimum term completion date.

(e) The department shall develop, establish, and implement the following standards and procedures for the earned time program:

(1) Objective standards for measuring progress in each of the categories in subsection (a);

(2) Procedures for evaluating, recording, and certifying progress under the earned time program; and

(3) Procedures for awarding earned time deductions and recording and applying days earned under the earned time program.

(f) The following information about the earned time program shall be made available in writing to all eligible committed persons upon request, and shall be conspicuously posted in an area of the correctional facility accessible for review by committed persons:

(1) Departmental standards and procedures for the earned time program; and

(2) Equivalencies between:

(A) Days served in accordance with earned time program requirements and credits earned; and

(B) Credits earned and days earned.

(g) Notwithstanding any other law to the contrary, earned time shall not reduce the minimum term of any committed person by a period of time that is more than twenty-five per cent of the person's minimum term."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for the establishment and operation of the earned time program.

The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1136
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII