§353-66  Terms and conditions of parole;
suspension and revocation.  (a)  Every parole granted under this part to
any prisoner shall be subject to the express condition, to be set forth in the
official written notification of parole to the prisoner, but to be binding upon
the prisoner in any event, that all or any portion of the prisoner's credits
earned or to be earned may be forfeited by order of the Hawaii paroling
authority in the event that the prisoner breaks the prisoner's parole or
violates any law of the State or rule of the paroling authority or any of the
terms or conditions of the prisoner's parole.



(b)  No parole shall be revoked and no credits
forfeited without cause, which cause must be stated in the order revoking the
parole, or forfeiting the credits after notice to the paroled prisoner of the
paroled prisoner's alleged offense and an opportunity to be heard; provided
that when a person is convicted in the State of a crime committed while on
parole and is sentenced to imprisonment, or when it is shown by personal
investigation that a parolee has left the State without permission from the
paroling authority and due effort is made to reach the parolee by registered
mail directed to the parolee's last known address, no hearing shall be required
to revoke the parolee's parole; and provided further that when any duly
licensed psychiatrist or licensed psychologist finds that continuance on parole
will not be in the best interests of a parolee or the community, the paroling
authority, within the limitations of the sentence imposed, shall order the
detention and treatment of the prisoner until such time as the prisoner shall
be found by any duly licensed psychiatrist or licensed psychologist to be
eligible for continuance on parole.



(c)  If any paroled prisoner leaves the State
without permission from the paroling authority, or if the whereabouts of any
paroled prisoner is not known to the paroling authority because of the neglect
or failure of the prisoner to so inform it, the paroling authority may order
the parole suspended pending apprehension.  From and after the suspension of
the parole of any paroled prisoner and until the paroled prisoner's return to
custody, the paroled prisoner shall be deemed an escapee and a fugitive from
justice, and no part of the time during which the paroled prisoner is an
escapee and a fugitive from justice shall be part of the paroled prisoner's
term.



(d)  The paroling authority may at any time
order the arrest and temporary return to custody of any paroled prisoner, as
provided in section 353-65, for the purpose of ascertaining whether or not
there is sufficient cause to warrant the paroled prisoner's reimprisonment or
the revoking of the paroled prisoner's parole or other action provided for by
this part.



(e)  Any paroled prisoner retaken and
reimprisoned as provided in this chapter shall be confined according to the
paroled prisoner's sentence for that portion of the paroled prisoner's term
remaining unserved at time of parole, but successive paroles may, in the discretion
of the paroling authority, be granted to the prisoner during the life and in
respect of the sentence.



(f)  The Hawaii paroling authority may require
a paroled prisoner to undergo and complete a substance abuse treatment program
when the paroled prisoner has committed a violation of the terms and conditions
of parole involving possession or use, not including to distribute or
manufacture as defined in section 712-1240, of any dangerous drug, detrimental
drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate,
as defined in section 712-1240, unlawful methamphetamine trafficking as
provided in section 712-1240.6, or involving possession or use of drug
paraphernalia under section 329-43.5.  If the paroled prisoner fails to complete
the substance abuse treatment program or the Hawaii paroling authority
determines that the paroled prisoner cannot benefit from any substance abuse
treatment program, the paroled prisoner shall be subject to revocation of
parole and return to incarceration.  As a condition of parole, the Hawaii paroling authority may require the paroled prisoner to:



(1)  Be assessed by a certified substance abuse
counselor for substance abuse dependency or abuse under the applicable
Diagnostic and Statistical Manual and Addiction Severity Index;



(2)  Present a proposal to receive substance abuse
treatment in accordance with the treatment plan prepared by a certified
substance abuse counselor through a substance abuse treatment program that
includes an identified source of payment for the treatment program;



(3)  Contribute to the cost of the substance abuse
treatment program; and



(4)  Comply with any other terms and conditions for
parole.



As used in this subsection, "substance
abuse treatment program" means drug or substance abuse treatment services
provided outside a correctional facility by a public, private, or nonprofit
entity that specializes in treating persons who are diagnosed with having
substance abuse or dependency and preferably employs licensed professionals or certified
substance abuse counselors.



Nothing in this subsection shall be construed
to give rise to a cause of action against the State, a state employee, or a
treatment provider. [L 1917, c 103, §3; RL 1925, §1562; am L 1931, c 126, §3;
RL 1945, §3960; am L 1949, c 13, §1; RL 1955, §83-65; am L 1957, c 308, §2; am
L 1967, c 100, §1; HRS §353-66; am L 1976, c 92, pt of §8; gen ch 1985; am L
1988, c 305, §2; am L 2002, c 161, §4; am L 2004, c 44, §10; am L 2005, c 22,
§23]



 



Note



 



  Section 712-1240.6 referred to in text is repealed.



 



Cross References



 



  Hearings, see chapter 91.



  Mailing, see §1-28.



  Methamphetamine trafficking, see §§712-1240.7 to 712-1240.9.



  Revocation hearing, see §706-670.



 



Case Notes



 



  As §706-670 and this section can be given effect without
conflict, §706-670(7) is not the "exclusive" law governing parole
revocations, does not embrace the entire law on the subject, and does not
repeal this section by implication.  88 H. 229 (App.), 965 P.2d 162.



  The no-hearing requirement for revocation of parole does not
only apply to convictions of violations of state law.  88 H. 229 (App.), 965
P.2d 162.