HOUSE OF REPRESENTATIVES |
H.B. NO. |
862 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the judiciary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that this procedure screens out meritorious issues and is daunting for indigent inmates who must file their petition without the assistance of an attorney. Judicial review of the Hawaii paroling authority's order fixing the minimum term of imprisonment through a motion filed in the original criminal case allows public defenders to continue their representation of clients on appeal and raise errors that may have arisen at minimum term hearings. It will also reduce the number of petitions. The legislature also finds that judicial review will provide greater uniformity in due process and statutory compliance by the Hawaii paroling authority.
The purpose of this Act is to allow for judicial review of orders fixing minimum terms of imprisonment.
SECTION 2. Section 641-11, Hawaii Revised Statutes, is amended to read as follows:
"§641-11
From circuit courts. Any
party aggrieved by the judgment of a circuit court in a criminal matter or
an order pursuant to section 706-669(9) may appeal to the intermediate
appellate court, subject to chapter 602, in the manner and within the time
provided by the rules of court. The
sentence of the court in a criminal case shall be the judgment. All appeals shall be filed with the clerk of
the supreme court and shall be subject to one filing fee."
SECTION 3. Section 706-669, Hawaii Revised Statutes, is amended to read as follows:
"§706-669 Procedure for determining minimum term of
imprisonment.
(1) When
a person has been sentenced to an indeterminate or an extended term of
imprisonment, the Hawaii paroling authority shall, as soon as practicable but
no later than six months after commitment to the custody of the director of the
department of public safety hold a hearing, and on the basis of the hearing
make an order fixing the minimum term of imprisonment to be served before the
prisoner shall become eligible for parole.
(2) Before holding the hearing, the authority
shall obtain a complete report regarding the prisoner's life before entering
the institution and a full report of the prisoner's progress in the
institution. The report shall be a
complete personality evaluation for the purpose of determining the prisoner's
degree of propensity toward criminal activity.
(3) The prisoner shall be given reasonable notice
of the hearing under subsection (1) and shall be permitted to be heard by the
authority on the issue of the minimum term to be served before the prisoner
becomes eligible for parole. In addition,
the prisoner shall:
(a) Be permitted to consult with any persons the prisoner reasonably desires, including the prisoner's own legal counsel, in preparing for the hearing;
(b) Be permitted to be represented and assisted by counsel at the hearing;
(c) Have counsel appointed to represent and assist the prisoner if the prisoner so requests and cannot afford to retain counsel; and
(d) Be informed of the prisoner's rights under [paragraphs] (a), (b), and (c).
(4) The authority in its discretion may, in any
particular case and at any time, impose a special condition that the prisoner
will not be considered for parole unless and until the prisoner has a record of
continuous exemplary behavior.
(5) After sixty days notice to the prosecuting
attorney, the authority in its discretion may reduce the minimum term fixed by
its order pursuant to subsection (1).
(6) A verbatim stenographic or mechanical record
of the hearing shall be made and preserved in transcribed or untranscribed
form.
(7) The State shall have the right to be
represented at the hearing by the prosecuting attorney who may present written
testimony and make oral comments and the authority shall consider such
testimony and comments in reaching its decision. The authority shall notify the prosecuting
attorney of the hearing at the time the prisoner is given notice of the
hearing. The hearing shall be opened to
victims or their designees or surviving immediate family members who may
present a written statement or make oral comments.
(8) The authority shall establish guidelines for
the uniform determination of minimum sentences which shall take into account
both the nature and degree of the offense of the prisoner and the prisoner's
criminal history and character. The
guidelines shall be public records and shall be made available to the prisoner
and to the prosecuting attorney and other interested government agencies.
(9)
Upon a motion filed by the defendant
within ninety days of issuance and service of the order fixing the minimum term
of imprisonment, the sentencing court may conduct judicial review of the
minimum term proceedings. The court,
after reviewing the record and proceedings, shall modify the order or remand
the case to the Hawaii paroling authority with instructions for further
proceedings if the order is:
(a) In violation of constitutional or
statutory provisions;
(b) In excess of the statutory authority
or jurisdiction of the Hawaii paroling authority;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of
substantive evidence on the whole record; or
(f) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Judicial Review; Minimum Terms; Imprisonment
Description:
Allows for judicial review of orders fixing minimum terms of imprisonment.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.