Ā§353-62Ā  Hawaii paroling authority;
responsibilities and duties; operations; records, reports, staff.Ā  (a)Ā  In
addition to any other responsibility or duty prescribed by law for the Hawaii
paroling authority, the paroling authority shall:



(1)Ā  Serve as the central paroling authority for the
State;



(2)Ā  In selecting individuals for parole, consider for
parole all committed persons, except in cases where the penalty of life
imprisonment not subject to parole has been imposed, regardless of the nature
of the offense committed;



(3)Ā  Determine the time at which parole shall be
granted to any eligible individual as that time at which maximum benefits of
the correctional institutions to the individual have been reached and the
element of risk to the community is minimal;



(4)Ā  Establish rules of operation to determine
conditions of parole applicable to any individual granted parole;



(5)Ā  Provide continuing custody, control, and
supervision of paroled individuals;



(6)Ā  Revoke or suspend parole and provide for the authorization
of return to a correctional institution for any individual who violates parole
or any condition of parole when, in the opinion of the Hawaii paroling
authority, the violation presents a risk to community safety or a significant
deviation from any condition of parole;



(7)Ā  Discharge an individual from parole when
supervision is no longer needed;



(8)Ā  Interpret the parole program to the public in
order to develop a broad base of public understanding and support; and



(9)Ā  Recommend to the legislature sound parole
legislation and recommend to the governor sound parole administration.



(b)Ā  In its operations the paroling authority
shall:



(1)Ā  Keep and maintain a record of all meetings and
proceedings;



(2)Ā  Send a detailed report of its operations to the
governor every three months;



(3)Ā  In promulgating rules, conform to chapter 91;



(4)Ā  In all matters act by a majority of its members;
and



(5)Ā  Appoint an administrative secretary and such
other clerical and other assistants as may be necessary within the limits of
available appropriations, subject to any applicable salary classification and
civil service schedules, laws, and rules. [L 1931, c 129, pt of Ā§1; RL 1935,
Ā§6414; am L 1939, c 203, pt of Ā§6; am L 1941, c 146, Ā§1; RL 1945, Ā§3915; RL
1955, Ā§83-61; HRS Ā§353-62; am L 1976, c 92, Ā§3; am L 1987, c 338,
Ā§5; am L 1988, c 141, Ā§33]



 



Case Notes



 



Ā  Neither chapter 706 nor chapter 353 prohibits the Hawaii
paroling authority from setting a prisoner's minimum term at a period equal to
his or her maximum sentence.Ā  97 H. 183, 35 P.3d 210.



Ā  As no Hawaii statute governing parole requires a paroleeā€™s
parole to be automatically revoked upon the paroleeā€™s conviction and sentence
to imprisonment for a crime committed while on parole, and this section appears
to vest Hawaii paroling authority with discretion to revoke parole, paroleeā€™s
due process right violated when authority summarily revoked parole without
giving parolee a final revocation hearing.Ā  88 H. 229 (App.), 965 P.2d 162.