Hawaii 2023 Regular Session

Hawaii Senate Bill SR104 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.R. NO. 104 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII SENATE RESOLUTION requesting the judiciary to convene a task force to EXAMINE and make recommendations regarding existing procedures of the hawaii paroling authority setting the minimum terms of imprisonment.
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3	3	THE SENATE S.R. NO. 104
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.R. NO.
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11	11	104
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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29	29	SENATE RESOLUTION
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35	35	requesting the judiciary to convene a task force to EXAMINE and make recommendations regarding existing procedures of the hawaii paroling authority setting the minimum terms of imprisonment.
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43	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 Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Judiciary 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 Chief Justice of the Hawaii Supreme Court or the Chief Justice's designee, who shall serve as the chairperson of the task force; (2) The Attorney General or the Attorney General's designee; (3) The Director of Health or the Director's designee; (4) The Director of Public Safety or the Director's Designee; (5) The Chairperson of the Board of Trustees of the Office of Hawaiian Affairs; (6) The Chair of the Hawaii Paroling Authority or the Chair's designee; (7) The Oversight Coordinator of the Hawaii Correctional System Oversight Committee; (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) Four representatives appointed by the Hawaii Association of Criminal Defense Lawyers, including one representative from each county; and (13) 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 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 twenty days prior to the convening of the Regular Session of 2025; and BE IT FURTHER RESOLVED that certified copies of this 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. OFFERED BY: _____________________________ Report Title: Hawaii Paroling Authority; Minimum Term; Task Force
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45	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
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49	49	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
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53	53	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
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57	57	WHEREAS, the Hawaii Paroling Authority then holds another hearing to determine the minimum term before a defendant is eligible for parole; and
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61	61	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
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65	65	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,
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69	69	BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Judiciary 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
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73	73	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
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77	77	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
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81	81	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
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85	85	BE IT FURTHER RESOLVED that the task force is requested to be comprised of the following members:
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89	89	(1) The Chief Justice of the Hawaii Supreme Court or the Chief Justice's designee, who shall serve as the chairperson of the task force;
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93	93	(2) The Attorney General or the Attorney General's designee;
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97	97	(3) The Director of Health or the Director's designee;
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101	101	(4) The Director of Public Safety or the Director's Designee;
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105	105	(5) The Chairperson of the Board of Trustees of the Office of Hawaiian Affairs;
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109	109	(6) The Chair of the Hawaii Paroling Authority or the Chair's designee;
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113	113	(7) The Oversight Coordinator of the Hawaii Correctional System Oversight Committee;
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117	117	(8) The Public Defender or the Public Defender's designee;
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121	121	(9) One member of the House of Representatives, as appointed by the Speaker of the House of Representatives;
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125	125	(10) One member of the Senate, as appointed by the President of the Senate;
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129	129	(11) The Prosecuting Attorney, or the Prosecuting Attorney's designee, of each county;
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133	133	(12) Four representatives appointed by the Hawaii Association of Criminal Defense Lawyers, including one representative from each county; and
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137	137	(13) One member of the public who has knowledge and expertise with the criminal justice system appointed by the Director of Public Safety; and
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141	141	BE IT FURTHER RESOLVED that the Judiciary and Department of Public Safety are requested to provide administrative support to the task force; and
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145	145	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 twenty days prior to the convening of the Regular Session of 2025; and
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149	149	BE IT FURTHER RESOLVED that certified copies of this 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.
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157	157	OFFERED BY: _____________________________
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161	161	OFFERED BY:
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169	169	Report Title:
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171	171	Hawaii Paroling Authority; Minimum Term; Task Force