§706-663  Sentence of imprisonment for
misdemeanor and petty misdemeanor.  After consideration of the factors set
forth in sections 706-606 and 706-621, the court may sentence a person who has
been convicted of a misdemeanor or a petty misdemeanor to imprisonment for a
definite term to be fixed by the court and not to exceed one year in the case
of a misdemeanor or thirty days in the case of a petty misdemeanor. [L 1972, c
9, pt of §1; am L 1986, c 314, §41]



 



COMMENTARY ON §706-663



 



  This section of the Code continues the previous policy of the
law of providing definite sentences (not to exceed one year) in the case of
misdemeanors,[1] and adds a new category of minor criminal offenses, designated
as petty misdemeanors, for which imprisonment not exceeding 30 days is
authorized.  The court is free within the statutory maximum to choose a shorter
definite period of confinement.



  Indeterminate terms of imprisonment are not provided for
misdemeanors or petty misdemeanors because the gravity of the offenses and the
character of most such offenders would not warrant the authorization of a
longer prison term.  The flexibility sought to be achieved by indeterminate
sentences decreases as the maximum authorized term of imprisonment decreases. 
In view of this fact and in view of the fact that resources devoted to the
determination of minimum terms of imprisonment have decreasing marginal utility
as maximum authorized terms decrease, the Code provides for definite terms in
cases of misdemeanors and petty misdemeanors.



 



Case Notes



 



  Where trial court's rationale for imposing jail time
reflected the factors listed in §706-606, and the jail time imposed did not
exceed the maximum jail term authorized by this section, trial court did not
clearly exceed the bounds of reason nor disregard rules or principles of law or
practice to defendant's substantial detriment in imposing a jail term; thus,
trial court did not abuse its discretion in sentencing defendant to 120 days'
imprisonment.  116 H. 403 (App.), 173 P.3d 550.



  Cited:  146 F.3d 661.



 



__________



§706-663 Commentary:



 



1.  See H.R.S. §701-2.