THE SENATE	S.B. NO.	3322
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to early release of inmates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that during the coronavirus disease 2019 (COVID-19) pandemic, the courts ordered the release of prisoners to reduce congregate infections in the community correctional centers. Many inmates released early due to the COVID-19 pandemic returned to the community where they committed the crimes that they were convicted of. At the very least, an order restraining these early-released offenders for the victims of their crimes for the duration of the original sentence is the minimum the community deserves for its safety.

Therefore, the purpose of this Act is to require that courts enter protective orders against convicted inmates released early pursuant to an emergency order for the duration of the inmate's original sentence.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353-   Community correctional centers; early release of convicted inmates pursuant to an emergency order. If a motion seeking to modify the release status of any defendant convicted of a crime is granted pursuant to an emergency order, the court shall, as a condition for early release, automatically enter a protective order for a duration equal to the duration the defendant would have remained in custody restraining the defendant from contacting the victim or complainant of the underlying crime or be within five hundred feet of the victim's or complainant's home or place of employment."

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. New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Early Release; Inmates; Convictions; Community Correctional Centers; Automatic Protective Order; Emergency Order

Description:

Requires the court to enter a protective order against a convicted inmate if the inmate is granted a motion for early release pursuant to an emergency order.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.