SB913 SD1

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 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 committed person in the county where the committed person had a permanent residence or occupation or employment prior to incarceration, unless that person will reside in a county with a population exceeding eight-hundred thousand, or will immediately depart the State. Where none of those conditions can be met, the committed person will be released to the county of original commitment. 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 that same parole requirement. In practical terms, the only county in the State of Hawaii in which the population exceeds eight-hundred thousand 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 or occupation or employment there prior to incarceration.

A variety of studies have found that increased contact between inmates and their families can contribute to an inmate's successful reintegration into the community after release. In making the transition back into the community, former inmates turn to their spouses, parents, siblings, grandparents, and other family members 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 benefit 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 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 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 incarceration, unless:

(1) The committed person will reside in a county in which the population exceeds eight-hundred thousand persons; [or]

(2) The committed person will be released for immediate departure from the State[.]; or

(3) The committed person will be released 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, as determined by the Hawaii paroling authority; provided that:

(A) To be considered for parole to another county, the committed person shall make a written request to the director of public safety at least one year prior to the expiration of the committed person's longest minimum sentence. The request shall be forwarded to the Hawaii paroling authority, which shall verify that the committed person's overall level of community and family support in the committed person's county of choice is sufficient to qualify for release to that county; and

(B) Upon a finding by the Hawaii paroling authority that the inmate qualifies for parole in another county, the department of public safety may relocate the committed person to a correctional facility in the requested county of release to ensure that the sequential phasing process of programs for the committed person, such as work furlough, is not interrupted; provided that if the transfer is made at the request of the incarcerated person in preparation for the incarcerated person's parole to that county, the costs associated with the relocation shall be the sole responsibility of the incarcerated person, including travel, lodging, and meals.

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 have been a participant in an academic, vocational education, or prison industry program authorized by the department and must have been involved in or completed the program to the satisfaction of the department; and provided further that this precondition for parole shall not apply if the committed person is in a correctional facility where academic, vocational education, and prison industry programs or facilities are not available. A grant of parole shall not be subject to acceptance by the committed person."

SECTION 3. 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 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 will reside in 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, as determined by the Hawaii paroling authority; 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 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	913
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII