Bill Text: HI SB2307 | 2014 | Regular Session | Introduced
Bill Title: Parole Hearing; Supervised Release; Risk Assessment
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-02-07 - Report adopted; Passed Second Reading and referred to WAM. [SB2307 Detail]
Download: Hawaii-2014-SB2307-Introduced.html
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THE SENATE |
S.B. NO. |
2307 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to CORRECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-670, Hawaii Revised Statutes, is amended to read as follows:
"§706-670 Parole procedure; release on parole; terms of parole, recommitment, and reparole; final unconditional release. (1) Parole hearing. A person sentenced to an indeterminate term of imprisonment shall receive an initial parole hearing at least one month before the expiration of the minimum term of imprisonment determined by the Hawaii paroling authority pursuant to section 706-669. If the person has been sentenced to multiple terms of imprisonment, the parole hearing shall not be required until at least one month before the expiration of the minimum term that expires last in time. A validated risk assessment shall be used to determine the person's risk of re-offense and suitability for community supervision. For purposes of this subsection, "validated risk assessment" means an actuarial tool to determine a person's likelihood of engaging in future criminal behavior. The department of public safety shall select a research-based risk assessment tool and shall validate the accuracy of the risk assessment tool at least every five years in consultation with the paroling authority. Assessments shall be performed by department of public safety staff who are trained in the use of the risk assessment tool. Except for good cause shown to the paroling authority, a person who is assessed as low risk for re-offending shall be granted parole upon completing the minimum sentence, unless the person:
(a) Is found to have an extensive criminal history record that is indicative of a likelihood of future criminal behavior in spite of the finding by the risk assessment by the paroling authority;
(b) Is found to have committed misconduct while in prison that is equivalent to a misdemeanor or felony crime within thirty-six months of the expiration of the minimum term of imprisonment;
(c) Has any pending felony charges in the State;
(d) Is incarcerated for a sexual offense under part V of chapter 707 or child abuse under part VI of chapter 707; or
(e) Does not have a parole plan as set forth under section 706-670(3) and (4), as approved by, and at the discretion of, the paroling authority.
If parole is not granted at the initial parole hearing, additional hearings shall be held at twelve-month intervals or less until parole is granted or the maximum period of imprisonment expires. The State shall have the right to be represented at the initial parole hearing and all subsequent parole hearings by the prosecuting attorney, who may present written testimony and make oral comments. The authority shall consider the testimony and comments in reaching its decision. The authority shall notify the appropriate prosecuting attorney of the hearing at the time the prisoner is given notice of the hearing.
(2) Parole conditions. The authority, as a condition of parole, may impose reasonable conditions on the prisoner as provided under section 706-624.
(3) Prisoner's plan and participation. Each prisoner shall be given reasonable notice of the prisoner's parole hearing and shall prepare a parole plan, setting forth the manner of life the prisoner intends to lead if released on parole, including specific information as to where and with whom the prisoner will reside, a phone contact where the prisoner can be reached, and what occupation or employment the prisoner will follow, if any. The prisoner shall be paroled in the county where the prisoner had a permanent residence or occupation or employment prior to the prisoner's incarceration, unless the prisoner will: reside in a county in which the population exceeds eight-hundred thousand persons; reside in a county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; or be released for immediate departure from the State. The institutional parole staff shall render reasonable aid to the prisoner in the preparation of the prisoner's plan and in securing information for submission to the authority. In addition, the prisoner shall:
(a) Be permitted to consult with any persons whose assistance the prisoner reasonably desires, including the prisoner's own legal counsel, in preparing for a hearing before the authority;
(b) Be permitted to be represented and assisted by counsel at the hearing;
(c) Have counsel appointed to represent and assist the prisoner if the prisoner so requests and cannot afford to retain counsel; and
(d) Be informed of the prisoner's rights as set forth in this subsection.
(4) Authority's decision; initial minimum term of parole. The authority shall render its decision regarding a prisoner's release on parole within a reasonable time after the parole hearing. A grant of parole shall not be subject to acceptance by the prisoner. If the authority denies parole after the hearing, it shall state its reasons in writing. A verbatim stenographic or mechanical record of the parole hearing shall be made and preserved in transcribed or untranscribed form. The authority, in its discretion, may order a reconsideration or rehearing of the case at any time and shall provide reasonable notice of the reconsideration or rehearing to the prosecuting attorney. If parole is granted by the authority, the authority shall set the initial minimum length of the parole term.
(5) Supervised parole release prior to the expiration of the maximum term. Notwithstanding section 706-605(1)(c) to the contrary, if the authority fixes no earlier release date or has not released a prisoner upon completion of a set minimum term, a prisoner shall receive a parole hearing with a validated risk assessment and may be released to parole based on the longest term of imprisonment as follows:
(a) Class A felony--eighteen months prior to the expiration of the maximum term;
(b) Class B felony--twelve months prior to the expiration of the maximum term; and
(c) Class C felony--six months prior to the expiration of the maximum term.
The paroling authority has the discretion to not grant supervised parole prior to the expiration of a maximum sentence for certain offenders.
[(5)] (6) Release upon
expiration of maximum term. If the authority fixes no earlier release date, a
prisoner's release shall become mandatory at the expiration of the prisoner's
maximum term of imprisonment.
[(6)] (7) Sentence of
imprisonment includes separate parole term. A sentence to an indeterminate
term of imprisonment under this chapter includes as a separate portion of the
sentence a term of parole or of recommitment for violation of the conditions of
parole.
[(7)] (8) Revocation hearing.
When a parolee has been recommitted, the authority shall hold a hearing within
sixty days after the parolee's return to determine whether parole should be
revoked. The parolee shall have reasonable notice of the grounds alleged for
revocation of the parolee's parole. The institutional parole staff shall
render reasonable aid to the parolee in preparation for the hearing. In
addition, the parolee shall have, with respect to the revocation hearing, those
rights set forth in subsection (3)(a), (3)(b), (3)(c), and (3)(d). A record of
the hearing shall be made and preserved as provided in subsection (4).
[(8)] (9) Length of recommitment
and reparole after revocation of parole. If a parolee's parole is revoked, the
term of further imprisonment upon such recommitment and of any subsequent
reparole or recommitment under the same sentence shall be fixed by the
authority but shall not exceed in aggregate length the unserved balance of the
maximum term of imprisonment.
[(9)] (10) Final unconditional
release. When the prisoner's maximum parole term has expired or the prisoner
has been sooner discharged from parole, a prisoner shall be deemed to have
served the prisoner's sentence and shall be released unconditionally."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2014; provided that:
(1) Section 1 shall apply to any individual who commits an offense on or after July 1, 2014; and
(2) The amendments made to section 706-670, Hawaii Revised Statutes, by section 1 of this Act shall not be repealed when that section is reenacted pursuant to section 14 of Act 139, Session Laws of Hawaii 2012.
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INTRODUCED BY: |
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Report Title:
Parole Hearing; Supervised Release; Risk Assessment
Description:
Requires a parole hearing and validated risk assessment for prisoners who have not been released upon completion of a set minimum term or received an earlier release date. Permits supervised release on parole eighteen months prior to the expiration of the maximum term for class A felonies, twelve months prior to the expiration of the maximum term for class B felonies, and six months prior to the expiration of the maximum term for class C felonies. Permits the paroling authority to deny supervised parole prior to the expiration of a maximum sentence for certain offenders.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
