THE SENATE	S.B. NO.	2916
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 353-66, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Any paroled prisoner retaken and reimprisoned as provided in this chapter shall be confined according to the paroled prisoner's sentence for that portion of the paroled prisoner's term remaining unserved at time of parole, but successive paroles may, in the discretion of the paroling authority, be granted to the prisoner during the life and in respect of the sentence.  If the paroled prisoner is retaken and reimprisoned for violating a condition of parole but has not:

     (1)  Been charged with a new felony offense or a new misdemeanor offense under chapter 134, chapter 707, or section 709-906;

     (2)  Absconded or left the State without permission from the paroling authority;

     (3)  Violated conditions applicable to sex offenders, such as registering as a sex offender or conditions related to proximity to specified locations or persons; or

     (4)  Been previously reimprisoned for violating the conditions of parole on the current offense,

the paroled prisoner shall be confined for no more than six months or for that portion of the paroled prisoner's term remaining unserved at the time of parole, whichever is shorter, so long as the paroling authority has approved a parole plan as set forth under section 706-670(3) and (4).  The minimum term of imprisonment shall be as determined by the court or the paroling authority, as the case may be.  The prisoner shall be given credit for time served in custody pending a hearing on revocation of parole as it relates to the six-month parole revocation.  No prisoner shall be incarcerated beyond the expiration of the prisoner's maximum terms of imprisonment."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Public Safety; Firearms; Parole; Reincarceration

 

Description:

Includes misdemeanor offenses under chapter 134, Hawaii Revised Statutes, relating to firearms, ammunition, and dangerous weapons, to the offenses that disqualify retaken and reimprisoned parolees from provisions regarding reincarceration and credit for time served.  (SB2916 HD1)

 

 

 

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