Bill Text: HI SB2768 | 2010 | Regular Session | Amended
Bill Title: Parole; Administrative Sanctions
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2010-03-11 - (H) The committee(s) recommends that the measure be deferred. [SB2768 Detail]
Download: Hawaii-2010-SB2768-Amended.html
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THE SENATE |
S.B. NO. |
2768 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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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 a new section to part II to be appropriately designated and to read as follows:
"§353‑ Continuum of administrative sanctions. (a) This section applies to any committed person who:
(1) Has been paroled after confinement in any state correctional facility in execution of any sentence imposed upon the committed person; and
(2) Is subject to suspension and revocation of parole for violation of the terms and conditions of parole.
(b) In lieu of revocation of parole, the Hawaii paroling authority may utilize a continuum of administrative sanctions for violations of terms and conditions of parole. The purpose of a continuum of administrative sanctions is to encourage the Hawaii paroling authority to work with parolees in the community rather than revoking parole for violations of terms and conditions of parole.
In cases of a violation of a term or condition of parole, the Hawaii paroling authority may impose one or more of the sanctions provided in this subsection. The continuum of administrative sanctions may include adjustments to the level of supervision, including but not limited to:
(1) Modifications or additions to the terms and conditions of parole; and
(2) Imposition of any other appropriate and available sanctions, including:
(A) Returning the parolee to custody as provided in subsection (c);
(B) Community service for a specified number of hours;
(C) House arrest or home detention;
(D) Electronic surveillance or monitoring;
(E) Substance abuse treatment;
(F) Sex offender treatment;
(G) Anger management counseling; and
(H) Domestic abuse counseling.
The Hawaii paroling authority may require the parolee who receives counseling or treatment services under this subsection to contribute to the cost of the treatment or program.
(c) As part of the continuum of administrative sanctions, if the Hawaii paroling authority deems it appropriate to return the parolee to custody for a violation of a term or condition of parole, the parolee shall be returned to custody for a length of time to be determined by the Hawaii paroling authority but not to exceed two years before being eligible for parole consideration in the case of a technical violation.
(d) This section shall not apply if the parolee has:
(1) A pending criminal matter;
(2) Violated a term or condition of parole for the third time; or
(3) A prior parole revocation."
SECTION 2. Section 353-66, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(d) [The] Except as provided
in section 353‑ , the paroling authority may at any time
order the arrest and temporary return to custody of any paroled prisoner, as
provided in section 353-65, for the purpose of ascertaining whether or not
there is sufficient cause to warrant the paroled prisoner's reimprisonment or
the revoking of the paroled prisoner's parole or other action provided for by
this part.
(e) [Any] Except as provided in
section 353‑ , any paroled prisoner retaken and
reimprisoned as provided in this chapter shall be confined according to the
paroled prisoner's sentence for that portion of the paroled prisoner's term
remaining unserved at time of parole, but successive paroles may, in the
discretion of the paroling authority, be granted to the prisoner during the
life and in respect of the sentence."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Parole; Administrative Sanctions
Description:
Allows the Hawaii paroling authority to use a continuum of administrative sanctions when a parolee violates a term or condition of parole. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
