§353-68  Parole, how initiated and granted. (a)  Paroles may be granted by the Hawaii paroling authority at any time afterthe prisoner has served the minimum term of imprisonment fixed according tolaw; provided that where a fine has also been imposed, which has not been paid,and if the prisoner has been imprisoned for at least thirty days, the parolingauthority upon being satisfied that the prisoner has petitioned the court forrevocation of all or part of such fine pursuant to section 706-645, may neverthelessparole the prisoner without payment of the fine, either with or without thecondition, subject to determination by the court under section 706-645, thatwhile on such parole the prisoner make payment of the fine as the parolingauthority deems proper under the circumstances.  The proceedings to obtainparole may be initiated by the written recommendation of the superintendent tothe paroling authority or may be initiated by the paroling authority withoutany such recommendation.

(b)  The governor shall have like power torevoke the parole of any prisoner.  The written authority of the governor shalllikewise be sufficient to authorize any police officer to retake and return theprisoner to prison.  The governor's written order revoking the parole shallhave the same force and effect and be executed in like manner as the order ofthe chairperson of the paroling authority.

(c)  The paroling authority shall act bymajority of all its members in respect of all proceedings touching the paroleof prisoners. [L 1931, c 126, §4; RL 1935, §6456; am L 1939, c 203, pt of §6;am L 1943, c 207, §2; RL 1945, §3961; RL 1955, §83-66; am L 1957, c 308, §3; amL 1963, c 34, §1; HRS §353-68; am L 1976, c 92, pt of §8; am L 1981, c 163, §1;gen ch 1985, 1993]

 

Cross References

 

  Consequences of nonpayment of fine, see §706-644.

  Parole procedure, see §706-670.

 

Case Notes

 

  No due process liberty interest in parole is created underthis section.  795 F. Supp. 1020.

  Parole and minimum sentence under prior law.  28 H. 268.