HCR172 HD1.DOC

WHEREAS, earned-time programs reduce the length of incarceration for certain non-dangerous offenders while maintaining public safety; and

WHEREAS, earned-time programs can create an incentive for motivated inmates to work, take part in rehabilitation, and prepare for successful reintegration into the community; and

WHEREAS, earned-time programs can reduce the corrections budget burden by reducing recidivism; and

WHEREAS, earned-time programs can also help build safe communities; and

WHEREAS, typically, earned-time programs enable eligible inmates to earn credits for earned-time through education and work activities; and

WHEREAS, for example, in more than a dozen states, inmates earn time off their sentences by:

(1) Participating in or completing educational courses;

(2) Working, including engaging in facility work assignments, jobs with prison industries or work crews, or working in disaster relief or conservation projects;

(3) Completing vocational programs;

(4) Participating in rehabilitative programs, including substance abuse and mental health treatment; and

(5) Performing meritorious service, such as preventing escape, helping in emergency situations, and helping to maintain the safety and security of the institution; and

WHEREAS, the National Council on Crime and Delinquency recently published a literature review of studies on states' accelerated release policies over a 23-year period, and of the 13 research reports reviewed, none found a statistically significant increase in rates of recidivism for offenders who obtained an accelerated release and a few studies instead found a decrease in recidivism rates; and

WHEREAS, the National Conference of State Legislatures reported in 2011 that Hawaii was one of only seven states that did not offer "good time" or earned-time credits; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Hawaii Paroling Authority, with the assistance of the Department of Public Safety and Department of the Attorney General, is requested to develop a plan to implement a three-year earned-time pilot program that allows inmates under the jurisdiction of the Department of Public Safety, whether housed in Hawaii or in contracted correctional facilities on the mainland, to earn credit toward reducing their minimum term of imprisonment if certain requirements are met; and

BE IT FURTHER RESOLVED that under the plan for the earned-time pilot program, an inmate shall become eligible for parole before the expiration of the inmate's minimum term set by the Hawaii Paroling Authority upon demonstrating progress toward rehabilitation in each of the following categories to the extent that such services are available at the person's correctional facility:

(1) Work, vocational, or occupational training and skills; provided that a determination of progress shall include consideration of factors such as attendance, promptness, performance, cooperation, care of materials, and safety;

(2) Social adjustment, including skills such as group living, housekeeping, personal hygiene, and cooperation;

(3) Counseling sessions and self-help groups;

(4) Therapeutic and other similar departmental programs; and

(5) Education or literacy programs; and

BE IT FURTHER RESOLVED that under the plan for the earned-time pilot program, the Hawaii Paroling Authority is requested to establish criteria for inmates who are ineligible for the earned-time pilot program; and

BE IT FURTHER RESOLVED that the Department of Public Safety, Department of the Attorney General, Hawaii Paroling Authority, and other involved parties are requested to develop structured guidelines that clearly establish that inmates have the opportunity to earn credits to reduce their minimum term of imprisonment, but they do not necessarily have a right to participate in this pilot program; and

BE IT FURTHER RESOLVED that the plan for the earned-time pilot program include an annual review by the Department of Public Safety of the records of each inmate committed to the custody of the Director of Public Safety for the purposes of the earned-time pilot program and to determine whether to grant, withhold, withdraw, or restore an earned-time deduction from the inmate's minimum term of imprisonment; and

BE IT FURTHER RESOLVED that the Director of Public Safety is urged to promptly notify the crime victim, as applicable, of any adjustment in the inmate's minimum term completion date; and

BE IT FURTHER RESOLVED that the Hawaii Paroling Authority, with the assistance of the Department of Public Safety and Department of the Attorney General, submit to the Legislature a plan to implement the three-year earned-time pilot program no later than 20 days before the commencement of the Regular Session of 2014; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Public Safety, Attorney General, and Administrator of the Hawaii Paroling Authority.

Report Title:

Earned-Time Program; Department of Public Safety; Department of the Attorney General; Hawaii Paroling Authority

HOUSE OF REPRESENTATIVES	H.C.R. NO.	172
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 1
STATE OF HAWAII