SB1627

SECTION 1. The legislature finds that the Hawaii paroling authority, through its parole release programs, must continue to strive to provide a meaningful opportunity for individual offenders to successfully reintegrate into society while serving their sentences. The legislature also finds that, in addition to personal effort, offenders require the active family and community support, as well as employment and educational opportunities to function as law-abiding citizens.

In 1993, the legislature amended section 353-64, Hawaii Revised Statutes, to require the Hawaii paroling authority to parole a prisoner in the county of original commitment if the prisoner had a permanent residence and occupation or employment or to a location outside the State, unless the prisoner would reside in a county having a population greater than 800,000 persons. At that time, the rationale was that such a requirement would "prevent the mass release of parolees in the county where confinement institutions are located. Otherwise, the location of new prisons on the neighbor islands will be difficult or impossible." See, S.C. Rep. 486, Judiciary on S.B. No. 833 (1993). Section 706-670, Hawaii Revised Statutes, was also amended to include this parole requirement.

Accordingly, under existing law, a committed person is paroled in the county where the committed person had a permanent residence or occupation or employment prior to incarceration, unless the committed person is to reside in a county in which the population exceeds eight-hundred thousand persons, or the committed person is immediately released to another state. In practical terms, the only county in the State of Hawaii in which the population exceeds 800,000 persons is the city and county of Honolulu.

As a result of this requirement, the Hawaii paroling authority is precluded from conducting an individualized assessment and paroling of committed persons to the county where they have the greatest support and opportunities to assist the offender in making a successful transition into the community upon their eventual release. The effect is that committed persons that have family, children, community support, employment, training, or educational opportunities in the counties of Kauai, Maui, and Hawaii are prohibited from being paroled to these counties, unless they had a permanent residence, occupation, or employment in one of those counties prior to incarceration.

A variety of studies have found that increased contact between inmates and their families can contribute to an inmate's reintegration into the community after release. In making the transition back into the community, former inmates turn to their families -- spouses, parents, siblings, grandparents, and others for assistance. These family members become the "front line" of reentry, providing former inmates with critical material and emotional support including shelter, food, clothing, leads for jobs, and guidance in staying sober or avoiding criminal behavior. Significantly, successful reintegration is an indicator of reduced risk of re-offense. In turn, decreased recidivism rates benefits the entire citizenry of Hawaii.

The purpose of this Act is to grant the Hawaii paroling authority the authority to parole committed persons to a county in the State of Hawaii where the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services. This amendment will enable the Hawaii paroling authority to achieve its mission of providing meaningful opportunities for offenders to reintegrate into society and demonstrate that they have the potential to function as law-abiding citizens.

SECTION 2. Section 706-670, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Prisoner's plan and participation. Each prisoner shall be given reasonable notice of the prisoner's parole hearing and shall prepare a parole plan, setting forth the manner of life the prisoner intends to lead if released on parole, including specific information as to where and with whom the prisoner will reside and what occupation or employment the prisoner will follow. The prisoner [~~shall~~] may be: paroled in the county where the prisoner had a permanent residence or occupation or employment prior to the prisoner's incarceration, unless the prisoner will reside in a county in which the population exceeds eight-hundred thousand persons; or paroled to a county in the State where the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services; or the prisoner will be released for immediate departure from the State.

The institutional parole staff shall render reasonable aid to the prisoner in the preparation of the prisoner's plan and in securing information for submission to the authority. In addition, the prisoner shall:

(a) Be permitted to consult with any persons whose assistance the prisoner reasonably desires, including the prisoner's own legal counsel, in preparing for a hearing before the authority;

(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 as set forth in this subsection."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1627
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII