Hawaii Senate Bill SB977

Hawaii 2024 Regular Session

• Introduced: 1/20/23
• Refer: 1/27/23
• Refer: 2/10/23
• Report Pass: 2/17/23
• Refer: 2/17/23

Caption

Relating To The Judiciary.

Impact

By modifying the existing process, the bill proposes to improve due process and uniformity regarding how minimum terms are determined and reviewed. This shift is anticipated to empower inmates to raise legal issues more effectively and reduce the barriers that prevent indigent petitioners from seeking judicial review of their sentences. Moreover, SB977 repeals a section in the Hawaii Revised Statutes that outlines the exclusive remedy for wrongfully convicted individuals, making provisions for compensation in certain circumstances more straightforward and financially equitable.

Summary

Senate Bill 977 aims to reform the judicial review process for the orders fixing minimum terms of imprisonment issued by the Hawaii paroling authority. The legislation seeks to address issues related to the burdensome nature of the current review procedure that is difficult for inmates, especially those who are indigent. SB977 allows for more streamlined judicial review by permitting prisoners to file motions directly in their original criminal case rather than initiating a new civil action. This change aims to facilitate access to justice for individuals contesting their minimum terms of imprisonment, particularly for those unable to secure legal representation.

Sentiment

The sentiment around SB977 appears to be largely favorable among proponents who advocate for criminal justice reform and the rights of inmates. Supporters argue that the bill represents a significant step toward rectifying injustices that may occur during sentencing. Conversely, there may be some skepticism or criticism from those who fear that changes could unintentionally complicate or undermine the parole process. The balance between ensuring fair judicial review and maintaining public safety continues to be a focal point in the discussions surrounding this legislative proposal.

Contention

Notable points of contention include the debate over the balance of power between the judiciary and the paroling authority, as well as concerns regarding the potential for an influx of petitions that could arise from the bill's provisions. There may be worries about how these changes impact victims' rights and their participation in the parole process. Additionally, the impact of eliminating the exclusive remedy provision raises questions about how claims of wrongful conviction will be handled in the future and whether it will lead to more equitable outcomes for wrongfully imprisoned individuals.