Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1185 entitled:

begs leave to report as follows:

The purpose of this measure is to exclude the Hawaii Paroling Authority's decisions from administrative appeal, and allow a prisoner's minimum term to be equal to or less than the maximum term of imprisonment.

Your Committee received testimony in favor of this measure from the Department of Public Safety and the Honolulu Prosecuting Attorney. Your Committee received testimony opposing this measure from the Public Defender.

Your Committee finds that prisoners have appealed Hawaii Paroling Authority (HPA) decisions under section 91-14, Hawaii Revised Statutes, through an administrative appeals process for contested cases. This appeals process undermines the authority of the Paroling Authority to exercise its statutory duties and responsibilities in determining the time in which parole shall be granted. Parole decisions should be exempt from the administrative appeals process.

Your Committee realizes that as a result of the Intermediate Court of Appeals ruling in Williamson v. Hawaii Paroling Authority the HPA cannot set the minimum sentence at the maximum term. Your Committee is also cognizant of the fact that the court also rules that a prisoner needs to be afforded a meaningful parole hearing before the minimum term expires. The court further stated that because each inmate has an opportunity to be paroled, a "reasonable period of time should intervene between such minimum and maximum sentences." Since Williamson is currently being appealed, your Committee is concerned about intruding with the Williamson appeal before the Hawaii Supreme Court makes a judgment.

Your Committee amended this measure by including a defective effective date as a means to channel the measure to conference. Your Committee has also amended this measure by making technical, nonsubstantive amendments for clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1185, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1185, S.D. 1, and be placed on the calendar for Third Reading.