SB2679.DOC

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§353- High risk felons; parole after maximum term. (a) A committed person who has been sentenced to imprisonment pursuant to part IV of chapter 706 and who is classified as high risk by the Hawaii paroling authority may be placed on parole after the expiration of any maximum term of imprisonment imposed pursuant to sections 706-659 and 706-660; provided that the term of parole shall not exceed one year; provided further that the Hawaii paroling authority may impose any term and condition of parole under section 353-66, including allowing the parolee to work and to return daily to a halfway facility after work.

(b) A person paroled under subsection (a):

(1) Shall be supervised by the department of public safety to ensure that the public safety is not endangered by the parolee who was classified as high risk; and

(2) May be retaken and reimprisoned within one year from the date of release on parole under this section in accordance with procedures under section 353-65; provided that the period of reimprisonment due to the parole violation shall not exceed one year from the date of release on parole under this section."

SECTION 2. Section 353-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other responsibility or duty prescribed by law for the Hawaii paroling authority, the paroling authority shall:

(1) Serve as the central paroling authority for the State;

(2) In selecting individuals for parole, consider for parole all committed persons, except in cases where the penalty of life imprisonment not subject to parole has been imposed, regardless of the nature of the offense committed;

(3) Determine the time at which parole shall be granted to any eligible individual as that time at which maximum benefits of the correctional institutions to the individual have been reached and the element of risk to the community is minimal;

(4) Establish rules of operation to determine conditions of parole applicable to any individual granted parole;

(5) Provide continuing custody, control, and supervision of paroled individuals[;], including high risk individuals paroled under section 353- ;

(6) Revoke or suspend parole and provide for the authorization of return to a correctional institution for any individual who violates parole or any condition of parole when, in the opinion of the Hawaii paroling authority, the violation presents a risk to community safety or a significant deviation from any condition of parole;

(7) Discharge an individual from parole when supervision is no longer needed;

(8) Interpret the parole program to the public in order to develop a broad base of public understanding and support; and

(9) Recommend to the legislature sound parole legislation and recommend to the governor sound parole administration."

SECTION 3. Section 353-64, Hawaii Revised Statutes, is amended to read as follows:

"§353-64 Committed persons paroled. Any committed person, including a high risk prisoner as provided in section 353- , who is 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 the manner and form as set forth in this part[;] or in section 353‑ , as applicable; 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;

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

(3) The committed person shall be released to the county in the State in which 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 to be considered for parole to another county in the State, the committed person shall provide a written request to the department not less than six months prior to the expiration of the committed person's longest minimum sentence.

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 4. Section 353-69, Hawaii Revised Statutes, is amended to read as follows:

"§353-69 Parole when. No parole shall be granted unless it appears to the Hawaii paroling authority that there is a reasonable probability that the prisoner concerned will live and remain at liberty without violating the law and that the prisoner's release is not incompatible with the welfare and safety of society. Pursuant to section 353- , a prisoner classified as high risk may be paroled after the expiration of any maximum term of imprisonment sentence imposed pursuant to sections 706-659 and 706-660."

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.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2679
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII