§353-64  Committed persons paroled. Any committed person confined in any state correctional facility in executionof any sentence imposed upon the committed person, except in cases where thepenalty of life imprisonment not subject to parole has been imposed, shall besubject to parole in the manner and form as set forth in this part; providedthat the committed person shall be paroled in the county where the committedperson had a permanent residence or occupation or employment prior toincarceration, unless:

(1)  The committed person will reside in a county inwhich the population exceeds eight-hundred thousand persons;

(2)  The committed person will be released forimmediate departure from the State; or

(3)  The committed person shall be released to thecounty in the State in which the committed person has the greatest family orcommunity support, opportunities for employment, job training, education,treatment, and other social services, as determined by the Hawaii parolingauthority; provided that to be considered for parole to another county in theState, the committed person shall provide a written request to the departmentnot less than six months prior to the expiration of the committed person'slongest minimum sentence.

Provided further that to be eligible for parole, thecommitted person, if the person is determined by the department to be suitablefor participation, must have been a participant in an academic, vocationaleducation, or prison industry program authorized by the department and must havebeen involved in or completed the program to the satisfaction of thedepartment; and provided further that this precondition for parole shall notapply if the committed person is in a correctional facility where academic,vocational education, and prison industry programs or facilities are notavailable.  A grant of parole shall not be subject to acceptance by thecommitted person. [L 1917, c 103, §1; RL 1925, §1560; am L 1931, c 126, §1; RL1935, §6435; RL 1945, §3958; am L 1955, c 239, §1; RL 1955, §83-63; HRS§353-64; gen ch 1985; am L 1988, c 147, §1; am L 1993, c 101, §1 and c 201, §1;am L Sp 2007, c 8, §14]

 

Cross References

 

  Comprehensive offender reentry system, see chapter 353H.

  Minimum term, setting of, see §706-669.

  Parole procedure, see §706-670.

 

Case Notes

 

  While on parole, prisoner still in legal custody and deemedto be serving sentence imposed.  24 H. 247.

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

  Cited:  26 H. 764, 770; 60 H. 314, 588 P.2d 929.