§706-670.5  Notice of parole or final
unconditional release.  (1)  As used in this section, the following terms
have the following meanings:



"Offense against the person" means
any of the offenses described in chapter 707 and includes any attempt to commit
any of those offenses.



"Prisoner" or "parolee"
means a person who has been convicted of an offense against the person.



"Surviving immediate family member"
means a person who is a surviving grandparent, parent, sibling, spouse or
reciprocal beneficiary, child, or legal guardian of a deceased victim.



"Victim" means the person who was the
victim of the offense against the person for which the prisoner or parolee was
convicted.



(2)  The Hawaii paroling authority shall give
written notice of the parole or release from parole of a prisoner or parolee to
each victim who has submitted a written request for notice or to a surviving
immediate family member who has submitted a written request for notice.



(3)  The department of public safety shall give
written notice of the final unconditional release of a prisoner or parolee, who
has not been previously paroled or discharged, to each victim who has submitted
a written request for notice or to a surviving immediate family member who has
submitted a written request for notice.



(4)  The authority or department, as the case
may be, shall provide written notice to the victim or surviving immediate
family member at the address given on the written request for notice or such
other address as may be provided by the victim or surviving immediate family
member, not less than ten days prior to parole or final unconditional release. 
The authority or department, in its discretion, may instead give written notice
to the witness or victim counselor programs in the prosecuting attorney's
office in the county where the victim or the surviving immediate family member
resides.



(5)  Neither the failure of any state officer
or employee to carry out the requirements of this section nor compliance with
it shall subject the State, the officer, or employee to liability in any civil
action.  However, such failure may provide a basis for such disciplinary action
as may be deemed appropriate by a competent authority. [L 1983, c 184, §2(2);
am L 1985, c 227, §1; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 1997, c
383, §66]



 



Revision Note



 



  Subsection designations changed to conform to style of Penal
Code.



 



Cross References



 



  Notice of escape, see §706-673.



  Registration of sex offenders and other covered offenders,
see chapter 846E.



 



COMMENTARY ON §706-670.5



 



  Act 184, Session Laws 1983, added this section to require
notification to a crime victim if a defendant who harmed the victim is released
into the community after conviction.  This addition was intended to insure that
crime victims "are treated with fairness and respect" and that
agencies in the criminal justice system cooperate with each other to provide
information and other help to crime victims.  House Conference Committee Report
No. 46.



  Act 227, Session Laws 1985, amended this section so that: 
(1) victims or surviving immediate family members of a deceased victim are
notified whenever the offender is paroled or unconditionally released; and (2)
in lieu of notifying a victim or surviving family member, the appropriate authorities
may notify the witness or victim counselor programs in the county where the
victim or a family member resides.  Under prior law, only the victim was
notified of the parole or unconditional release.  House Conference Committee
Report No. 5, Senate Conference Committee Report No. 4.



  Act 383, Session Laws 1997, amended this section by amending
the definition of "surviving immediate family member" to include a
reciprocal beneficiary.  The amendment establishes the status of reciprocal
beneficiaries and provides certain state governmental benefits to those with
that status.  Among the benefits extended to reciprocal beneficiaries which are
substantially equivalent to those extended to spouses is legal standing
relating to victims rights.  Conference Committee Report No. 2.