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

(b)  No parole shall be revoked and no creditsforfeited without cause, which cause must be stated in the order revoking theparole, or forfeiting the credits after notice to the paroled prisoner of theparoled prisoner's alleged offense and an opportunity to be heard; providedthat when a person is convicted in the State of a crime committed while onparole and is sentenced to imprisonment, or when it is shown by personalinvestigation that a parolee has left the State without permission from theparoling authority and due effort is made to reach the parolee by registeredmail directed to the parolee's last known address, no hearing shall be requiredto revoke the parolee's parole; and provided further that when any dulylicensed psychiatrist or licensed psychologist finds that continuance on parolewill not be in the best interests of a parolee or the community, the parolingauthority, within the limitations of the sentence imposed, shall order thedetention and treatment of the prisoner until such time as the prisoner shallbe found by any duly licensed psychiatrist or licensed psychologist to beeligible for continuance on parole.

(c)  If any paroled prisoner leaves the Statewithout permission from the paroling authority, or if the whereabouts of anyparoled prisoner is not known to the paroling authority because of the neglector failure of the prisoner to so inform it, the paroling authority may orderthe parole suspended pending apprehension.  From and after the suspension ofthe parole of any paroled prisoner and until the paroled prisoner's return tocustody, the paroled prisoner shall be deemed an escapee and a fugitive fromjustice, and no part of the time during which the paroled prisoner is anescapee and a fugitive from justice shall be part of the paroled prisoner'sterm.

(d)  The paroling authority may at any timeorder the arrest and temporary return to custody of any paroled prisoner, asprovided in section 353-65, for the purpose of ascertaining whether or notthere is sufficient cause to warrant the paroled prisoner's reimprisonment orthe revoking of the paroled prisoner's parole or other action provided for bythis part.

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

(f)  The Hawaii paroling authority may requirea paroled prisoner to undergo and complete a substance abuse treatment programwhen the paroled prisoner has committed a violation of the terms and conditionsof parole involving possession or use, not including to distribute ormanufacture as defined in section 712-1240, of any dangerous drug, detrimentaldrug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate,as defined in section 712-1240, unlawful methamphetamine trafficking asprovided in section 712-1240.6, or involving possession or use of drugparaphernalia under section 329-43.5.  If the paroled prisoner fails to completethe substance abuse treatment program or the Hawaii paroling authoritydetermines that the paroled prisoner cannot benefit from any substance abusetreatment program, the paroled prisoner shall be subject to revocation ofparole 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 abusecounselor for substance abuse dependency or abuse under the applicableDiagnostic and Statistical Manual and Addiction Severity Index;

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

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

(4)  Comply with any other terms and conditions forparole.

As used in this subsection, "substanceabuse treatment program" means drug or substance abuse treatment servicesprovided outside a correctional facility by a public, private, or nonprofitentity that specializes in treating persons who are diagnosed with havingsubstance abuse or dependency and preferably employs licensed professionals or certifiedsubstance abuse counselors.

Nothing in this subsection shall be construedto give rise to a cause of action against the State, a state employee, or atreatment 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; amL 1967, c 100, §1; HRS §353-66; am L 1976, c 92, pt of §8; gen ch 1985; am L1988, 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 withoutconflict, §706-670(7) is not the "exclusive" law governing parolerevocations, does not embrace the entire law on the subject, and does notrepeal this section by implication.  88 H. 229 (App.), 965 P.2d 162.

  The no-hearing requirement for revocation of parole does notonly apply to convictions of violations of state law.  88 H. 229 (App.), 965P.2d 162.