| 43 | | - | WHEREAS, Hawaii is one of thirty-three states that primarily utilizes an indeterminate sentencing system where courts can order a maximum and minimum term, or both, and then actual time served is determined by a parole board; and WHEREAS, under existing law, the Hawaii Paroling Authority retains the authority to set the minimum term of imprisonment a prisoner must serve before being eligible for parole; and WHEREAS, this creates a two-step process in which the presiding judge determines the maximum term for a defendant convicted after reviewing the victims' statements, pre-sentencing reports, criminal history, and other factors; and WHEREAS, the Hawaii Paroling Authority then holds another hearing to determine the minimum term before a defendant is eligible for parole; and WHEREAS, this two-step process is redundant and time consuming for the Hawaii Paroling Authority who spends approximately thirty percent of its time on the post-conviction minimum sentencing process; and WHEREAS, of the thirty-three states using an indeterminate sentencing system, Hawaii is the only state that requires a parole board to determine the minimum sentence of imprisonment; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the Hawaii Correctional System Oversight Commission is requested to convene a task force to examine and make recommendations regarding existing procedures of the Hawaii Paroling Authority setting the minimum terms of imprisonment to increase efficiency of the procedures; and BE IT FURTHER RESOLVED that the task force is requested to study whether parole system models utilized by other states might be suited for Hawaii; and BE IT FURTHER RESOLVED that the task force is requested to examine and compare the minimum sentences issued by the Hawaii Paroling Authority and the courts to determine whether there are significant differences; and BE IT FURTHER RESOLVED that the task force is requested to recommend whether the administration of justice may be better served by removing the responsibility of setting minimum sentences from the Hawaii Paroling Authority, thereby enabling it to focus on determining and assisting prisoners' fitness for parole and supervision of parolees; and BE IT FURTHER RESOLVED that the task force is requested to be comprised of the following members: (1) The Chair of the Hawaii Correctional System Oversight Commission or the Chair's designee, who shall serve as the chairperson of the task force; (2) The Chief Justice of the Hawaii Supreme Court or the Chief Justice's designee; (3) The Attorney General or the Attorney General's designee; (4) The Director of Health or the Director's designee; (5) The Director of Public Safety or the Director's Designee; (6) The Chairperson of the Board of Trustees of the Office of Hawaiian Affairs or the Chairperson's designee; (7) The Chair of the Hawaii Paroling Authority or the Chair's designee; (8) The Public Defender or the Public Defender's designee; (9) One member of the House of Representatives, as appointed by the Speaker of the House of Representatives; (10) One member of the Senate, as appointed by the President of the Senate; (11) The Prosecuting Attorney, or the Prosecuting Attorney's designee, of each county; (12) A representative of the Crime Victim Compensation Commission; (13) Four representatives appointed by the Hawaii Association of Criminal Defense Lawyers, including one representative from each county; (14) One member of the public who is a victim of domestic violence and has knowledge and expertise with the criminal justice system appointed by the Director of Public Safety; and (15) One member of the public who is a victim of sexual assault and has knowledge and expertise with the criminal justice system appointed by the Director of Public Safety; and BE IT FURTHER RESOLVED that the Judiciary and Department of Public Safety are requested to provide administrative support to the task force; and that the task force receive assistance from the Hawaii Criminal Justice Data Center and the Criminal Justice Research Institute; and BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than October 21, 2024; and BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to assist the task force in drafting any proposed legislation the task force recommends; and BE IT FURTHER RESOLVED that the task force is requested to submit any request for proposed legislation, supporting documents, information, and materials deemed necessary, to the Legislative Reference Bureau no later than August 1, 2024; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, Attorney General, Director of Public Safety, Director of Health, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Chair of the Hawaii Paroling Authority, Oversight Coordinator of the Hawaii Correctional System Oversight Commission, Public Defender of the State of Hawaii, Director of the Legislative Reference Bureau, Prosecuting Attorney of each county, and President of the Hawaii Association of Criminal Defense Lawyers. Report Title: Hawaii Paroling Authority; Minimum Term; Task Force |
|---|
| 45 | + | WHEREAS, Hawaii is one of thirty-three states that primarily utilizes an indeterminate sentencing system where courts can order a maximum and minimum term, or both, and then actual time served is determined by a parole board; and WHEREAS, under existing law, the Hawaii Paroling Authority retains the authority to set the minimum term of imprisonment a prisoner must serve before being eligible for parole; and WHEREAS, this creates a two-step process in which the presiding judge determines the maximum term for a defendant convicted after reviewing the victims' statements, pre-sentencing reports, criminal history, and other factors; and WHEREAS, the Hawaii Paroling Authority then holds another hearing to determine the minimum term before a defendant is eligible for parole; and WHEREAS, this two-step process is redundant and time consuming for the Hawaii Paroling Authority who spends approximately thirty percent of its time on the post-conviction minimum sentencing process; and WHEREAS, of the thirty-three states using an indeterminate sentencing system, Hawaii is the only state that requires a parole board to determine the minimum sentence of imprisonment; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the Hawaii Correctional System Oversight Commission is requested to convene a task force to examine and make recommendations regarding existing procedures of the Hawaii Paroling Authority setting the minimum terms of imprisonment to increase efficiency of the procedures; and BE IT FURTHER RESOLVED that the task force is requested to study whether parole system models utilized by other states might be suited for Hawaii; and BE IT FURTHER RESOLVED that the task force is requested to examine and compare the minimum sentences issued by the Hawaii Paroling Authority and the courts to determine whether there are significant differences; and BE IT FURTHER RESOLVED that the task force is requested to recommend whether the administration of justice may be better served by removing the responsibility of setting minimum sentences from the Hawaii Paroling Authority, thereby enabling it to focus on determining and assisting prisoners' fitness for parole and supervision of parolees; and BE IT FURTHER RESOLVED that the task force is requested to be comprised of the following members: (1) The Chair of the Hawaii Correctional System Oversight Commission, who shall serve as the chairperson of the task force; (2) The Chief Justice of the Hawaii Supreme Court or the Chief Justice's designee; (3) The Attorney General or the Attorney General's designee; (4) The Director of Health or the Director's designee; (5) The Director of Public Safety or the Director's Designee; (6) The Chairperson of the Board of Trustees of the Office of Hawaiian Affairs; (7) The Chair of the Hawaii Paroling Authority or the Chair's designee; (8) The Public Defender or the Public Defender's designee; (9) One member of the House of Representatives, as appointed by the Speaker of the House of Representatives; (10) One member of the Senate, as appointed by the President of the Senate; (11) The Prosecuting Attorney, or the Prosecuting Attorney's designee, of each county; (12) A representative of the Crime Victim Compensation Commission; and (13) Four representatives appointed by the Hawaii Association of Criminal Defense Lawyers, including one representative from each county; and (14) One member of the public who has knowledge and expertise with the criminal justice system appointed by the Director of Public Safety; and BE IT FURTHER RESOLVED that the Judiciary and Department of Public Safety are requested to provide administrative support to the task force; and that the task force receive assistance from the Hawaii Criminal Justice Data Center and the Criminal Justice Research Institute; BE IT FURTHER RESOLVED that the task force, with the assistance of the Legislative Reference Bureau, is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than October 21, 2024; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, Attorney General, Director of Public Safety, Director of Health, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Chair of the Hawaii Paroling Authority, Oversight Coordinator of the Hawaii Correctional System Oversight Commission, Public Defender of the State of Hawaii, Prosecuting Attorney of each county; and President of the Hawaii Association of Criminal Defense Lawyers. Report Title: Hawaii Paroling Authority; Minimum Term; Task Force |
|---|