Hawaii House Bill HB862

Hawaii 2024 Regular Session

• Introduced: 1/25/23
• Refer: 1/30/23
• Report Pass: 2/13/23
• Refer: 2/13/23

Caption

Relating To The Judiciary.

Impact

The act seeks to streamline the process by allowing judicial review of minimum term orders to occur through motions filed in the original criminal cases. By doing so, it enables public defenders to represent clients throughout the appeals process, maintaining their continuity of representation and enhancing legal support for the inmates. This change is expected to reduce the number of petitions filed and improve general consistency in compliance with due process and statutory requirements related to parole decisions. Additionally, the bill is intended to foster greater uniformity in how the Hawaii paroling authority operates.

Summary

House Bill 862, introduced during the Thirty-Second Legislature of Hawaii in 2023, aims to amend the judicial review process for orders issued by the Hawaii paroling authority concerning minimum terms of imprisonment. The bill recognizes that the current judicial review procedure is overly burdensome for inmates, particularly those who are indigent. It requires these inmates to initiate a new cause of action in circuit court, which can be daunting as they must create their own record and raise legal issues without access to public defenders. This situation has been seen to screen out potentially meritorious cases and complicate access to justice for many inmates.

Contention

Opponents of the bill may raise concerns about the implications of changing judicial review procedures, specifically regarding oversight and victim's rights. While supporters advocate for the easier access to legal representation for inmates, critics might argue that enhancing the review process could undermine the authority of the paroling system. The bill's provisions assert that victims and their representatives have the right to present statements at parole hearings, yet concerns about how these hearings and reviews will proceed once the law changes may remain a significant point of debate among stakeholders.