§706-661  Extended terms of imprisonment.  [Repeal and reenactment on June 30, 2007.  L 2006, c 230, §54.]  The court may sentence a person who satisfies the criteria for any of the categories set forth in section 706-662 to an extended term of imprisonment, which shall have a maximum length as follows:

     (1)  For murder in the second degree--life without the possibility of parole;

     (2)  For a class A felony--indeterminate life term of imprisonment;

     (3)  For a class B felony--indeterminate twenty-year term of imprisonment; and

     (4)  For a class C felony--indeterminate ten-year term of imprisonment.

     In exercising its discretion on whether to impose the extended term of imprisonment or to use other available sentencing options, the court shall consider whether the extended term is necessary for the protection of the public and whether the extended term is necessary in light of the other factors set forth in section 706-606.

     When ordering an extended term sentence, the court shall impose the maximum length of imprisonment.  The minimum length of imprisonment for an extended term sentence under paragraphs (2), (3), and (4) shall be determined by the Hawaii paroling authority in accordance with section 706-669. [L 1972, c 9, pt of §1; am L 1976, c 92, §8; am L 1999, c 286, §2; am L 2006, c 230, §23]

 

Case Notes

 

  Extended sentence imposed on multiple offender held not cruel and unusual punishment.  56 H. 343, 537 P.2d 724.

  Breach of plea agreement by prosecutor resulting from participation in extended term hearing may be remedied by remand for resentencing by another judge.  60 H. 93, 588 P.2d 412; 60 H. 104, 588 P.2d 408.

  Participation by prosecutor in hearing for extended term sentencing, even though pursuant to order of court, constituted breach of plea agreement.  60 H. 93, 588 P.2d 412.

  No abuse of discretion in court sentencing defendant to extended terms of imprisonment under this section and §706-662 where, inter alia, court considered each of the factors enumerated in §706-606 and all the mitigating factors raised by defendant.  83 H. 335, 926 P.2d 1258.

  As §706-600 and this section do not authorize a court to impose a single sentence on a defendant who has been convicted of multiple charges, trial court did not violate plea agreement by  imposing a life term for each class A felony defendant was convicted of, and then running each life term concurrently.  91 H. 20, 979 P.2d 1046.