PART IV. 
IMPRISONMENT



 



Law Journals and Reviews



 



  The abandonment of Punishment.  16 HBJ 63.



 



§706-656  Terms of imprisonment for first
and second degree murder and attempted first and second degree murder. 
(1)  Persons convicted of first degree murder or first degree attempted murder
shall be sentenced to life imprisonment without possibility of parole.



As part of such sentence the court shall order
the director of public safety and the Hawaii paroling authority to prepare an
application for the governor to commute the sentence to life imprisonment with
parole at the end of twenty years of imprisonment; provided that persons who
are repeat offenders under section 706-606.5 shall serve at least the
applicable mandatory minimum term of imprisonment.



(2)  Except as provided in section 706-657,
pertaining to enhanced sentence for second degree murder, persons convicted of
second degree murder and attempted second degree murder shall be sentenced to
life imprisonment with possibility of parole.  The minimum length of
imprisonment shall be determined by the Hawaii paroling authority; provided
that persons who are repeat offenders under section 706-606.5 shall serve at
least the applicable mandatory minimum term of imprisonment.



If the court imposes a sentence of life
imprisonment without possibility of parole pursuant to section 706-657, as part
of that sentence, the court shall order the director of public safety and the
Hawaii paroling authority to prepare an application for the governor to commute
the sentence to life imprisonment with parole at the end of twenty years of
imprisonment; provided that persons who are repeat offenders under section
706-606.5 shall serve at least the applicable mandatory minimum term of
imprisonment. [L 1986, c 314, §39; am L 1987, c 181, §6 and c 338, §10; am L
1989, c 211, §8; am L 1993, c 271, §2; am L 1996, c 15, §1]



 



COMMENTARY ON §706-656



 



  Act 271, Session Laws 1993, amended this section to provide
that in cases designated under §706-657, the person may be sentenced to life
imprisonment without possibility of parole.  The legislature felt that the
court should have the discretion to determine when the circumstances of the
murder justify the enhanced sentence, and that this discretion should be
limited to those situations demonstrating exceptional depravity.  House
Standing Committee Report No. 1171, Senate Standing Committee Report No. 689.



 



Case Notes



 



  For sentencing purposes, conspiracy to commit second degree
murder is a class C felony under §706-610 and subject to the sentencing
provisions of §706-660, not this section.  84 H. 280, 933 P.2d 617.



  Sentence for murder not an extended term.  6 H. App. 409, 723
P.2d 186.