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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2288 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PAROLE ELIGIBILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that participation in treatment, work furlough, and other programs designed to assist committed persons with successful reintegration back into the community enhances rehabilitation and reduces recidivism. The legislature further finds that treatment programs address substance abuse and alcohol addiction, mental health illness, and deviant sexual behaviors; work furlough provides opportunities to secure employment, increase financial stability, resocialize with family and support networks, and secure housing before release; and other programs, such as those focused on cognitive skills, parenting skills, and anger management, enhance skills to manage daily living activities and challenging situations.
Accordingly,
the purpose of this Act is to expand the types of programs in which a committed
person can participate to be eligible for parole to include treatment, work
furlough, and other
programs designed for successful reintegration.
SECTION
2. Section 353-64, Hawaii Revised
Statutes, is amended to read as follows:
"§353-64 Committed persons paroled. Any committed person confined in any state
correctional facility in execution of any sentence imposed upon the committed
person, except in cases where the penalty of life imprisonment not subject to
parole has been imposed, shall be subject to parole in the manner and form as
set forth in this part; provided that the committed person shall be paroled in
the county where the committed person had a permanent residence or occupation
or employment [prior to] before incarceration, unless[:] the
committed person will:
(1) [The
committed person will reside] Reside in a county in which the
population exceeds [eight-hundred] eight hundred thousand
persons;
(2) [The
committed person will be]
Be released for immediate departure from the State; or
(3) [The
committed person shall be]
Be released to the county in the State in which the committed person has
the greatest family or community support, opportunities for employment, job
training, education, treatment, and other social services, as determined by the
Hawaii paroling authority; provided that to be considered for parole to another
county in the State, the committed person shall provide a written request to
the department [not] no less than six months [prior to] before
the expiration of the committed person's longest minimum sentence[.
Provided];
provided
further that, to be eligible for parole, the committed person, if the
person is determined by the department to be suitable for participation, [must]
shall have been a participant in an academic, treatment, or
vocational education[, or] program, including participation in work
furlough if so recommended; prison industry program; or other programs
designed to assist the committed person with successful reintegration back into
the community. Such programs shall be
authorized by the department, and [must] the committed person
shall have been involved in or completed the [program] programs to the satisfaction of the department[; and
provided further that this]. This
precondition for parole shall not apply if the committed person is in a
correctional facility where [academic, vocational education, and prison
industry] the required programs or related facilities are not
available. A grant of parole shall not
be subject to acceptance by the committed person[.], and the foregoing program
participation requirements may be waived at the discretion of the Hawaii
paroling authority. If the committed
person is eligible for movement to a facility where recommended programming is
available and the department fails to move the individual to a facility where
such programming is available, the Hawaii paroling authority shall waive the
program requirements for that person and shall not deny parole due to failure
to participate in that program."
SECTION
3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Parole Eligibility; Required Programs
Description:
Expands the types of programs in which a committed person may participate to be eligible for parole. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.