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

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

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

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

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

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

(6)Ā  Revoke or suspend parole and provide for the authorizationof return to a correctional institution for any individual who violates paroleor any condition of parole when, in the opinion of the Hawaii parolingauthority, the violation presents a risk to community safety or a significantdeviation from any condition of parole;

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

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

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

(b)Ā  In its operations the paroling authorityshall:

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

(2)Ā  Send a detailed report of its operations to thegovernor 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 suchother clerical and other assistants as may be necessary within the limits ofavailable appropriations, subject to any applicable salary classification andcivil 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; RL1955, 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 Hawaiiparoling authority from setting a prisoner's minimum term at a period equal tohis or her maximum sentence.Ā  97 H. 183, 35 P.3d 210.

Ā  As no Hawaii statute governing parole requires a paroleeā€™sparole to be automatically revoked upon the paroleeā€™s conviction and sentenceto imprisonment for a crime committed while on parole, and this section appearsto vest Hawaii paroling authority with discretion to revoke parole, paroleeā€™sdue process right violated when authority summarily revoked parole withoutgiving parolee a final revocation hearing.Ā  88 H. 229 (App.), 965 P.2d 162.