§706-661  Extended terms of imprisonment. 
The court may sentence a person who satisfies the criteria for any of the
categories set forth in section 706-662 to an extended term of imprisonment,
which shall have a maximum length as follows:



(1)  For murder in the second degree--life without the
possibility of parole;



(2)  For a class A felony--indeterminate life term of
imprisonment;



(3)  For a class B felony--indeterminate twenty-year
term of imprisonment; and



(4)  For a class C felony--indeterminate ten-year term
of imprisonment.



When ordering an extended term sentence, the court
shall impose the maximum length of imprisonment.  The minimum length of
imprisonment for an extended term sentence under paragraphs (2), (3), and (4)
shall be determined by the Hawaii paroling authority in accordance with section
706-669. [L 1972, c 9, pt of §1; am L 1976, c 92, §8; am L 1999, c 286, §2; am
L 2006, c 230, §§23, 54; am L Sp 2007 2d, c 1, §2]



 



Applicability of Act 1, Second Special Session of 2007



 



  L Sp 2007 2d, c 1, §5 provides:



  "SECTION 5.  This Act shall apply to all sentencing or
resentencing proceedings pending on or commenced after the effective date of
this Act [October 31, 2007], whether the offense was committed prior to, on, or
after the effective date of this Act [October 31, 2007].  A defendant whose
extended term of imprisonment is set aside or invalidated shall be resentenced
pursuant to this Act upon request of the prosecutor.  This Act shall not
entitle a defendant who has previously been sentenced to an extended term to be
resentenced pursuant to the procedures set forth in this Act unless the
defendant is otherwise legally entitled to be resentenced."



 



Case Notes



 



  Extended sentence imposed on multiple offender held not cruel
and unusual punishment.  56 H. 343, 537 P.2d 724.



  Breach of plea agreement by prosecutor resulting from
participation in extended term hearing may be remedied by remand for
resentencing by another judge.  60 H. 93, 588 P.2d 412; 60 H. 104, 588 P.2d
408.



  Participation by prosecutor in hearing for extended term
sentencing, even though pursuant to order of court, constituted breach of plea
agreement.  60 H. 93, 588 P.2d 412.



  No abuse of discretion in court sentencing defendant to
extended terms of imprisonment under this section and §706-662 where, inter
alia, court considered each of the factors enumerated in §706-606 and all the
mitigating factors raised by defendant.  83 H. 335, 926 P.2d 1258.



  As §706-600 and this section do not authorize a court to
impose a single sentence on a defendant who has been convicted of multiple
charges, trial court did not violate plea agreement by  imposing a life term
for each class A felony defendant was convicted of, and then running each life
term concurrently.  91 H. 20, 979 P.2d 1046.



  The constitutional prohibition against ex post facto measures
was not offended by the plain language of Act 1, L Sp 2007 2d, amending
§§706-662, 706-664, and this section regarding sentencing or resentencing for
extended terms of imprisonment, where it was clear that the new jury provisions
did not (1) increase criminal liability for conduct previously innocent, (2)
aggravate the degree of defendant's crimes, (3) increase the punishment
available at the time defendant committed defendant's crimes, or (4) alter
evidentiary standards to defendant's detriment.  117 H. 381, 184 P.3d 133. 



  The constitutional prohibition against ex post facto measures
was not offended by the retrospective application to defendant of Act 1, L Sp 2007
2d, amending §§706-662, 706-664, and this section, where Act 1 did not punish
as a crime an act previously committed which was innocent when done, make more
burdensome the punishment for the crime after its commission, nor deprive one
charged with the crime of any defense available according to the law when the
act was committed.  118 H. 68 (App.), 185 P.3d 816.